Skip to main content
· 12/18/2012

Osthus v. Countrylane Woods II Homeowners Ass'n

Citations

  • 389 S.W.3d 712
  • 2012 WL 6584496
  • 2012 Mo. App. LEXIS 1583

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that costs for replacing lines damaged by a third party were not eligible for recovery under ISRS
  • holding that costs for replacing lines damaged by a third party were not eligible for recovery under ISRS
  • holding that replacement of components damaged by a third party's negligence is not encompassed by the statute
  • holding that utility plant projects which were damaged by a third party’s negligence are not eligible for an ISRS surcharge because such damage is not from structures being worn out or deteriorated
  • stating that the legislative intent is \demonstrated by the plain language of the statute\
  • clarifying that a replacement project is only ISRS-eligible under section 393.1009.5(a) when the replaced infrastructure has become deteriorated through “a gradual process that happens over a period of time rather than an immediate event.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Amburg, Crane, Hoff

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.