CITIBROOK II v. MORGAN'S FOODS OF MISSOURI

No. ED 89397.

239 S.W.3d 631 (2007)

CITIBROOK II, L.L.C., v. MORGAN'S FOODS OF MISSOURI, INC., Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

December 4, 2007.


Attorney(s) appearing for the Case

Steven M. Cohen, Clayton, MO, for Appellant.

James P. Martin, Michelle L. Clardy, Saint Louis, MO, for Respondent.


OPINION

GLENN A. NORTON, Judge.

Citibrook II, L.L.C. appeals from the grant of summary judgment on Morgan's Foods' declaratory judgment counterclaim, which sought a declaration that a restrictive covenant in a deed is invalid. We affirm.

I. BACKGROUND

In 1982, Citibrook1 owned real estate and improvements located in the City of St. Louis and numbered as 4300...

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