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CLUTTER v. CITY OF SPRINGFIELD

No. 26393.

158 S.W.3d 822 (2005)

Larry D. CLUTTER and Patricia Ann Clutter, Plaintiffs-Appellants, v. The CITY OF SPRINGFIELD, Missouri, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

March 28, 2005.

Attorney(s) appearing for the Case

Rick J. Muenks, Springfield, for appellants.

Douglas Harpool, Tamara F. De Wild, Lathrop & Gage, Springfield, for respondent.

KENNETH W. SHRUM, Judge.

This suit by Larry D. Clutter and Patricia Ann Clutter against the City of Springfield, Missouri ("City"), seeks damages based on a theory of inverse condemnation. They claim City took their real estate for public use without fairly compensating them. Plaintiffs allege this taking occurred when a public drainage system failed to carry away surface water run-off that collected therein as a result of heavy rainfall; and, when the overflow escaped...

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