SIGNATURE POOL v. CITY OF MANCHESTER

No. 52796.

743 S.W.2d 538 (1987)

SIGNATURE POOL & COURT, A DIVISION OF CLASSIC POOLS, INC., Plaintiff-Respondent, v. CITY OF MANCHESTER, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied January 7, 1988.

Application to Transfer Denied February 17, 1988.


Attorney(s) appearing for the Case

Patrick R. Gunn, Sharon R. Wice, St. Louis, for defendant-appellant.

Frank J. Niesen, Jr., St. Louis, for plaintiff-respondent.


REINHARD, Judge.

Defendant appeals from an order of the trial court entering summary judgment for plaintiff on its claim for equitable rescission of a contract. We reverse and remand.

Plaintiff desired to build and operate an indoor soccer facility on property, which it alleges it possessed as "beneficial leasor," in the city of Manchester. Pursuant to that end, it petitioned defendant for a special use permit to allow such a project. Defendant agreed to grant...

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