State Ex Rel. Koster v. Olive

WILLIAM RAY PRICE, JR., Judge.

Paul and Marilil Olive own property on which Rainbow Lake Dam is located. The state filed a petition against the Olives, alleging they were in violation of the Missouri dam and reservoir safety law because they failed to obtain a registration permit for the dam pursuant to section 236.440.3 2 and a construction permit for any necessary alterations pursuant to section 236.435. 3 The Olives filed a motion for summary judgment, arguing that the permitting requirements are unconstitutional as a retrospective law and further that the dam is exempt from the permitting…