SCHULTZ & ASSOCIATES LLP 

640 Cepi Drive, Suite A

Chesterfield, MO 63005-1221

(636) 537-4645

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August 11, 2017

You risk your personal assets unless your horse-related business, no matter how small, is organized as a separate legal entity. If you fail to formally structure your business as a separate legal entity, a sole proprietorship or a general partnership will be presumed and your personal assets will be at risk.

Every horse-related business, no matter how small, should be organized as one of the following legal entities:

  • Corporation (ch. 351, RSMo)

  • Limited Liability Company (LLC or LC) (ch. 347, RSMo)

  • Limited Liability Partnership (LLP) (ch. 359, RSMo)

As preliminary matters, you should register the name of your business with the Missouri Sec...

August 7, 2017

Most city officials serve because they are committed to public service and seek to improve or protect their neighborhoods and the broader community. Do city officials forfeit their right to speak out on, to participate in discussions or deliberations about, or to vote on matters in which they have a personal or economic interest? When a zoning issue comes before the city that would directly affect themselves or their immediate neighborhood, are they prohibited from acting on it?

CHECK YOUR CITY'S CHARTER OR CODE!

This section only addresses a number of Missouri statutes regulating conflicts of interest, §§ 105.450 - 105.498, R.S.Mo. Many cities' codes of...

July 19, 2017

There are several horses that are known for their artwork. Not paintings OF horses, but paintings BY horses. These horses hold paintbrushes in their teeth, and paint abstract artwork. One of the most famous horse/artist is Metro Meteor, a former race horse, which was not going to have a second career as a pleasure horse. However, it was discovered that Metro could hold a paintbrush in his teeth and create beautiful bold colorful abstract paintings. He literally saved his life with his painting! Metro’s paintings are sold for about $500 each, and proceeds go to other horses in need. Metro has his own social media account! Another horse, Cholla, has had...

May 5, 2017

The purpose of zoning is to improve a community through land use planning and control of land development. The goal is to confine certain uses to designated areas without imposing undue burdens on individual property owners. The public interest in regulating land development for the benefit of the community is balanced against the private interest in individual freedom to use property for whatever purposes desired. Huttig v. City of Richmond Heights, 372 S.W.2d 833, 842 (Mo. 1963). Zoning adversely affects individual property rights, limiting development of even those uses that are not intrinsically offensive or harmful. Nevertheless, zoning is general...

May 4, 2017

Historically, horse theft in Missouri was very common – particularly in Clark County, near the borders between Missouri and near Iowa and Illinois.

In the 1800s, horse theft was a big problem. In 1854, the Anti Horse Thief Association was informally organized. In 1859, the Anti Horse Thief Association was formally organized in Kansas. By the start of WWI, there were more than 40,000 members. Other anti horse-theft organizations, in other parts of the United States, were also formed. With the automobile, particularly when car ownership became common, horse theft decreased. With a decrease in horse theft, most such organizations dissolved.

However, horse t...

April 14, 2017

CRISPR, an acronym for “Clustered Regularly Interspaced Short Palidromic Repeats,” holds much promise as a gene therapy for agriculture and human health, and might be the most significant bio-technology of the last century. (CRISPR was named a Science Magazine “Breakthrough of the Year” in 2015, and was awarded the Gruber Genetics Prize and the Japan Prize.) CRISPR/Cas9 would allow the use of the enzyme “Cas9” to re-write DNA sequences by disabling, replacing, or otherwise changing genes. In other words, CRISPR/Cas 9 is a simple and versatile bio-technology, genetic scissors, which would enable scientists to edit genes. Very promising. I am particularl...

February 28, 2017

Introduction to “Land Use and the Law” column…

As a young lawyer relatively new to the practice of law, I wrote a regular column on land use law featured in the newsletter for the St. Louis County Municipal League. Now, after practicing law for more than 30 years, primarily in the metropolitan St. Louis area, elected and appointed officials, and city staffs, might benefit from my observations, opinions, and conclusions about land use law in Missouri. I am introducing this column by offering a basic overview of zoning law in Missouri.

Original Zoning: Missouri’s Zoning Enabling Act

Zoning and land use regulation by municipalities are authorized by statute...

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