Incline Village Board of Trustees v. Edler

The Supreme Court affirmed the circuit court's order directing Mathew and Andrea Elder to remove their dock they built on a lake that abutted their home but that was owned by a neighboring subdivision but reversed the portion of the circuit court's order awarding attorney's fees, holding that the Elders did not acquire riparian rights in the lake and that the circuit court erred in finding "special circumstances" supporting the award of attorney's fees.Missouri law recognizes riparian rights for properties abutting natural bodies of water. The lake in this case was artificial. The Elders never had the right to use the lake based on their ownership of the abutting land and did not otherwise establish an easement for use of the lake. The circuit court entered a judgment directing the Elders to remove the dock and awarded attorney's fees for the board of trustees established by the founder of the subdivision tasked with maintaining the lake. The Supreme Court affirmed, holding (1) the Elders did not have riparian rights to use the lake because it wa artificial and the Elders had no ownership or easement rights to its use; and (2) the circuit court erred in awarding the trustees attorney's fees because there were no special circumstances. View "Incline Village Board of Trustees v. Edler" on Justia Law