BOARD OF MANAGERS OF HEATHERTON HOMEOWNERS ASSOCIATION v. FIRST CAPITOL OIL CO.

No. 56915.

798 S.W.2d 176 (1990)

BOARD OF MANAGERS OF HEATHERTON HOMEOWNERS ASSOCIATION, INC., As Trustees, and on behalf of two or more condominium unit owners, Plaintiffs-Respondents, v. FIRST CAPITOL OIL COMPANY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 24, 1990.


Attorney(s) appearing for the Case

Rollin J. Moerschel, Thompson & Mitchell, St. Charles, for defendant-appellant.

Rex M. Burlison, Burlison & Farrell, O'Fallon, for plaintiffs-respondents.


Motion for Rehearing and/or Transfer to Supreme Court Denied October 24, 1990.

SMITH, Judge.

Defendant appeals from an injunction issued by the trial court requiring it to remove a commercial building from land owned by defendant and prohibiting defendant from using the land for any business, trade, occupation or profession. We affirm.

On August 27, 1982, Michael and Karen Ratteree executed a declaration of covenants, conditions and restrictions for...

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