SHERWOOD ESTATES HOMES ASS'N v. WATT

No. KCD 30307.

579 S.W.2d 851 (1979)

SHERWOOD ESTATES HOMES ASSOCIATION, INC., Plaintiff-Appellant, v. John H. WATT and Donna R. Watt, Defendants-Respondents.

Missouri Court of Appeals, Western District.

April 2, 1979.


Attorney(s) appearing for the Case

Michael P. Keleher, Duggan, Keleher & Svetlic, Kansas City, for plaintiff-appellant.

William E. Shull, Gettig, Coulson & Shull, Kansas City, for defendants-respondents.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.


TURNAGE, Judge.

Sherwood Estates Homes Association brought an action to enjoin John and Donna Watt from maintaining a kennel-storage shed on a lot owned by them in Sherwood Estates. The court sustained a motion to dismiss Sherwood's petition because it was barred by § 516.095, RSMo 1969, and Sherwood appeals.

On this appeal Sherwood contends its action was not barred by § 516.095 because the facts in this case do not fall within the purview of that...

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