MANSUR v. TRUSTEES OF HICKORY HILL, PLAT 3

No. 65823.

895 S.W.2d 611 (1995)

Charles MANSUR and Betty Jo Mansur, et al., Plaintiffs/Appellants, v. The TRUSTEES OF HICKORY HILL, PLAT 3, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Rehearing Denied April 3, 1995.


Attorney(s) appearing for the Case

Stephen Robert Clark, St. Louis, for plaintiffs/appellants.

Timothy J. Tryniecki, Michael F. Roche, St. Louis, for defendants/respondents.


PUDLOWSKI, Judge.

Landowners appeal an order denying their claims for damages and for a declaratory judgment that the trustees of their subdivision have a duty to maintain the walls of an open storm water sewer running across their land. The trial court held that the original indenture agreement contained no such duty. We reverse and remand.

The owners of lots 1 and 2 of Plat 3 of the Hickory Hill subdivision in Frontenac, St. Louis County, initiated this...

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