BSE shareholder Dean Cooper represented Missouri-American Water Company (MAWC) in an appellate case that was recently decided by the Western District of the Missouri Court of Appeals. The Court of Appeals granted MAWC’s motion to dismiss the appeal.
The case purported to be an appeal from a matter before the Missouri Public Service Commission. The Commission was determining whether to grant MAWC authority to provide service in an area that included the Appellant’s land. The Appellant sought to intervene before the Commission and identified his interest in the matter as his desire to operate his own private system and to seeking a disposition of funds related to the sale to MAWC of assets belonging to a sewer district. The Court of Appeals found that Appellant’s pleading did not show any right to intervene in the action because the decision cannot affect his private system and or the distribution of any proceeds from the proposed sale. Consequently, as a matter of permissive intervention, the Commission’s ruling was found to not be subject to appeal.
In the Matter of Missouri-American Water Company for a Certificate of Convenience and Necessity Authorizing it to Install, Own, Acquire, Construct, Operate, Control, Manage and Maintain a Sewer System in Benton County, Missouri vs. George M. Hall
Missouri Court of Appeals, Western District – WD78297