Angelo v. City of Hazelwood, 59117
| Decision Date | 11 June 1991 |
| Docket Number | No. 59117,59117 |
| Citation | 810 S.W.2d 706 |
| Parties | John ANGELO and Kimberly Angelo, Plaintiffs-Appellants, v. CITY OF HAZELWOOD, Defendant-Respondent. |
| Court | Missouri Court of Appeals |
Anthony J. Coultas, St. Louis, for plaintiffs-appellants.
Harlan G. Dolgin, Clayton, for defendant-respondent.
Plaintiffs, John and Kimberly Angelo, appeal from the trial court's judgment sustaining a motion for judgment on the pleadings in favor of defendant, City of Hazelwood. We affirm.
The party moving for judgment on the pleadings admits, for purposes of the motion, the truth of all well pleaded facts in the opposing party's pleadings. Madison Block Pharmacy v. U.S. Fidelity, 620 S.W.2d 343, 345 (Mo. banc 1981). "The position of a party moving for judgment on the pleadings is similar to that of a movant on a motion to dismiss, i.e., assuming the facts pleaded by the opposite party to be true, these facts are nevertheless insufficient as a matter of law." Id. (quoting Cantor v. Union Mutual Life Insurance Company, 547 S.W.2d 220, 224 (Mo.App.1977)). A motion for judgment on the pleadings should not be sustained where a material issue of fact exists. Madison Block, 620 S.W.2d at 345. A motion for judgment on the pleadings should be sustained if, from the face of the pleadings, the moving party is entitled to judgment as a matter of law. Id.
Within this framework, we review the allegations in plaintiffs' petition. Plaintiffs were residents of the City of Hazelwood (City), a municipal corporation. City entered plaintiffs' property without permission and cut down two trees which were not within the City's easement. Plaintiffs valued the loss of the trees at $3,186.00. The prayer sought $9,558.00 in damages, which were the actual damages trebled as provided in Section 537.340, RSMo (1986).
City filed its answer, raising three defenses: its sovereign immunity; its exemption from liability for punitive damages; and the location of the trees on a public utility easement. City subsequently filed a motion for judgment on the pleadings pursuant to Rule 55.27(b). The trial court granted judgment in favor of City, dismissing plaintiffs' action with prejudice, on the basis both of City's sovereign immunity and of its immunity from liability for punitive damages.
Section 537.340 provides in pertinent part:
If any person shall cut down, injure or destroy or carry away any tree placed or growing for use, shade or ornament, ... in which he has no interest or right, standing, lying or being on land not his own, the person so offending shall pay to the party injured treble the value of the things so injured, broken, destroyed or carried away, with costs.
In Hunt v. City of Boonville, 65 Mo. 620 (Mo.1877), the Missouri Supreme...
To continue reading
Request your trial
-
Kinder v. Nixon, WD56802
...facts in the opposing party's pleadings." Barker v. Danner, 903 S.W.2d 950, 957 (Mo. App. W.D. 1995) (quoting Angelo v. City of Hazelwood, 810 S.W.2d 706, 707 (Mo. App. E.D. 1991)). "The position of a party moving for judgment on the pleadings is similar to that of a movant on a motion to d......
-
Holley v. Caulfield
...judgment on the pleadings, our court is required to accept each allegation set forth in the petition as true. Angelo v. City of Hazelwood, 810 S.W.2d 706, 707 (Mo.App. E.D. 1991). In order to sufficiently state a claim for abuse of process, a pleading must set forth ultimate facts establish......
-
Kline v. City of Kansas City, Fire Dept.
...against a municipality in Missouri. See Chappell v. City of Springfield, 423 S.W.2d 810, 814-15 (Mo.1968) and Angelo v. City of Hazelwood, 810 S.W.2d 706, 707 (Mo.App.1991). A municipality in Missouri is subject to punitive damages only if a statute specifically provides that it is. See, e.......
-
State ex rel. Nixon, Att. General v. American Tobacco Company
...1988)). 29. 260 S.W.2d 573, 581 (Mo. 1953). 30. Barker v. Danner, 903 S.W.2d 950, 957 (Mo. App. 1995) (quoting Angelo v. City of Hazelwood, 810 S.W.2d 706, 707 (Mo. App. 1991)). 31. Madison Block Pharmacy v. U.S. Fidelity, 620 S.W.2d 343, 345 (Mo. banc 1981) (quoting Cantor v. Union Mutual ......