Supreme Court of Missouri
Incline Village Board of Trustees v. Matthew F. Edler and Andrea Edler
April 30, 2019
Summary
The Supreme Court of Missouri affirmed the order requiring the Edlers to remove a dock from an artificial lake owned and maintained by the Incline Village trustees. Because the Edlers lacked ownership or easement rights to use the lake, their ownership of abutting land did not create riparian rights, and Missouri does not recognize a rule treating permanent artificial lakes as natural bodies of water. The court reversed the attorney-fee award because the Edlers' unsuccessful legal position was not frivolous, malicious, or pursued in bad faith.