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JONES v. LADRIERE

No. ED 81261.

108 S.W.3d 736 (2003)

Timothy R. JONES, M.D., A. Charles Hiemenz, III, and Paul D. Chesterton, in their capacities As Trustees of the Berkley Lane Association, as unincorporated association, Plaintiffs/Respondents, v. Jeffrey J. LADRIERE, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

June 17, 2003.

Attorney(s) appearing for the Case

J. Vincent Keady, Jr., Clayton, MO, for appellant.

Frank Susman, St. Louis, MO, for respondent.

LAWRENCE G. CRAHAN, Judge.

Jeffrey Ladriere ("Lot Owner") appeals the declaratory judgment entered in favor of the trustees of the Berkley Lane Association ("Association") in a case submitted to the court on stipulated facts. The judgment declares that construction of a residence on the lot owned by Lot Owner is prohibited by the terms of an Agreement of the Berkley Lane Association ("Agreement"), as amended. We reverse and remand.

Association is comprised...

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