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K'S MERCHANDISE MART, INC. v. McLANE

No. ED 78540.

62 S.W.3d 416 (2001)

K'S MERCHANDISE MART, INC., Respondent, v. Sandy McLANE, Appellant.

Missouri Court of Appeals, Eastern District, Southern Division.

Rehearing Denied October 4, 2001.

Attorney(s) appearing for the Case

Daniel P. Finch, Finch & Moss Law Firm, Cape Girardeau, MO, for appellants.

Steven M. Hamburg, Summers, Compton, Wells & Hamburg, St. Louis, MO, for respondent.

Before JAMES R. DOWD, P.J., MARY RHODES RUSSELL and RICHARD B. TEITELMAN, JJ.

Order

Appellant, Sandy McLane, owns real estate within a shopping complex which is burdened by a Reciprocal Easement and Restriction Agreement prohibiting the use of the property as an "amusement center." McLane leased her property to Dixieland Inc. who proceeded to install video games, carnival rides and laser-tag competition areas. Respondent, K's Merchandise Mart, brought suit against McLane seeking injunctive relief and a declaration that McLane was bound by...

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