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DEER RUN PROPERTY OWNERS ASS'N v. BEDELL

No. 23602.

52 S.W.3d 14 (2001)

DEER RUN PROPERTY OWNERS ASSOCIATION, Respondent, v. Thomas B. BEDELL and Della R. Bedell, husband and wife; Jeff Featherston and Phyllis Featherston, husband and wife; Martha Gossett; Bill C. Williams and Virginia Williams, husband and wife; Southern Missouri Savings Bank; Marvin v. Francis and Debbie D. Francis, husband and wife; David C. Eckelmann and Marilyn M. Eckelmann, husband and wife; Claude Kennedy and Gertie Kennedy, husband and wife; C.P. Johnson; Gene Leuckel and Phyllis Leuckel, husband and wife; Charles B. Hampton; Joe L. Potts and Rose Marie Potts, husband and wife; Viandell Smith and Viandell Smith Trust, Appellants.

Missouri Court of Appeals, Southern District, Division Two.

June 14, 2001.

Attorney(s) appearing for the Case

Paul A. Kidwell, L. Joe Scott, Scott, Kidwell & Scott, Poplar Bluff, for Appellants.

John L. Oliver, Jr., Oliver, Oliver & Waltz, P.C., Cape Girardeau, for Respondent.

RAHMEYER, Judge.

Deer Run Property Owners Association ("Respondent"), as the agent of the successor trustee of Neil Land Development Company ("NLDC"),1 brought an action for declaratory judgment against landowners of the Deer Run Subdivision ("Appellants") for past due land assessments. Respondent requested damages based on the past due assessments and interest thereon, and requested attorney fees. After the parties submitted counter-motions...

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