Spain v. City of Cape Girardeau
Missouri Court of Appeals
484 S.W.2d 498 (1972)
- Written by Serena Lipski, JD
Facts
In 1963 the city of Cape Girardeau (the city) (defendant) improved a street. After the improvement, the city added catch basins to collect water that now flowed through a pipe onto a residential property. At the time of the city’s improvements, the property was owned by Emory Lincecum, and the improvements caused water to flow into Lincecum’s basement. Lincecum sold his home to Earl and Wilma Spain (plaintiffs) in 1966 for about $12,500. Lincecum did not disclose the basement-water issue at the time of the sale. After discovering the issue, the Spains attempted to solve the problem by adding dirt, a wall, and a ditch, to no avail. The Spains then sued the city for nuisance. Earl testified that the market value of his home was diminished by $4,500, and the jury awarded the Spains $2,500. The city appealed, arguing among other things that because the water issue existed at the time of their purchase, the Spains could not maintain a nuisance action.
Rule of Law
Issue
Holding and Reasoning (Simeone, J.)
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