HAZELBAKER v. COUNTY OF ST. CHARLES

Nos. ED 89060, ED 89061.

235 S.W.3d 598 (2007)

William M. HAZELBAKER, Plaintiff/Respondent/Cross-Appellant, v. COUNTY OF ST. CHARLES, Defendant/Cross-Respondent, and Highland Trails Community Association, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

October 16, 2007.


Attorney(s) appearing for the Case

Steve Koslovsky, St. Louis, MO, attorney for defendant/appellant Highland Trails Community Association.

Lawrence D. Mass, St. Louis, MO, attorney for plaintiff/respondent/cross-appellant William Hazelbaker.

Harold A. Ellis, St. Charles, MO, attorney for defendant/cross-respondent County of St. Charles.


Introduction

KENNETH M. ROMINES, Judge.

This case involves a subdivision's attempt to amend its covenants and restrictions to prohibit owners from subdividing their lots. Highland Trails Community Association appeals the declaratory judgment and injunction issued by the Circuit Court of St. Charles County, the Honorable Lucy D. Rauch presiding, in favor of Mr. William M. Hazelbaker, who owns Lot 41 of the Highland Trails subdivision. The trial court...

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