[Download] "State Missouri v. Missouri Resource" by Southern District, Division Two Court of Appeals of Missouri # eBook PDF Kindle ePub Free

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eBook details

• Title: State Missouri v. Missouri Resource
• Author : Southern District, Division Two Court of Appeals of Missouri
• Release Date : January 14, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 95 KB

Description

This case arises from the efforts of the state of Missouri, acting at the instigation of the Missouri Department of Natural
Resources (DNR), 1 to obtain a judicial determination that Missouri Resource Recovery, Inc., a Missouri corporation (MRR
Inc.), and its president Frank E. Hostetter 2 violated the "Hazardous Waste Management Law." 3 DNR sought injunctive
relief against the defendants based on common law nuisance principles and provisions of Missouri's Hazardous Waste Management
Law. Additionally, DNR sought civil penalties for alleged violations of the Hazardous Waste Management Law. By its judgment, the trial court (a) dismissed defendant Hostetter from the case because of its Conclusion that Hostetter
was not liable for any of the alleged wrongs of the corporation; (b) dismissed all counts against MRR Inc. except Count IV
on the basis that the evidence failed to support the plaintiffs' allegations; (c) determined that MRR Inc. had buried solid
wastes in an area not permitted for solid waste disposal (at the "Roscoe site") and fined MRR Inc. $500 for that violation
(Count IV); (d) found that the materials present at the MRR Inc. facility site and the physical characteristics of that site
as referred to in Count III were a public nuisance but determined that the plaintiffs had caused this nuisance by (1) failing
to properly administer the Hazardous Waste Management Law and (2) "putting [MRR Inc.] out of business without giving it a
chance to properly dispose of its accumulated materials"; (e) found that the plaintiffs had a duty to "abate" the nuisance;
and (f) ordered the plaintiffs to pay $12,724.91 of the defendants' attorney fees and $762.89 in court costs. It is from this
judgment that the plaintiffs appeal.

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