Miller v. City of Wentzville

KATHIANNE KNAUP CRANE, Presiding Judge.

Plaintiffs, Bret Miller and Natalie Miller, appeal from the entry of summary judgment in favor of defendant, the City of Wentzville, Missouri, on their inverse condemnation claim to recover damages for cracks in their garage and house foundation, which they alleged had been caused by “street creep,” the movement and expansion of the concrete street in the absence of adequate expansion joints. We reverse and remand.

In their inverse condemnation count, plaintiffs alleged that they owned the property at 2212 Blue Lake Drive, which was improved with a home,…