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DeBALIVIERE PLACE ASS'N v. VEAL

No. SC 91138.

337 S.W.3d 670 (2011)

DeBALIVIERE PLACE ASSOCIATION, Respondent, v. Steven VEAL, Appellant.

Supreme Court of Missouri, En Banc.

April 12, 2011.

Attorney(s) appearing for the Case

Elkin L. Kistner , Bick & Kistner PC, St. Louis, for Veal.

Ira M. Berkowitz , Marvin J. Nodiff , Law Office of Marvin J. Nodiff PC, St. Louis, for Association.

Anthony J. Soukenik , Sandberg, Phoenix & von Gontard PC, St. Louis, for Community Associations Institute, which filed a brief as a friend of the Court.

MICHAEL A. WOLFF, Judge.

Introduction

This appeal raises two questions:

(1) Does a neighborhood association—a nonprofit corporation—have the authority to assign its rights to enforce assessments on properties in the neighborhood 14 years after the secretary of state dissolved the corporation? (2) Does a new neighborhood association with the same name have the right to enforce a covenant running with the land (a) before assignment...

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