Christiansen v. Casey

613 S.W.2d 906 (1981)

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Christiansen v. Casey

Missouri Court of Appeals
613 S.W.2d 906 (1981)

SC

Facts

Paul Christiansen (plaintiff) owned and developed a 63-lot tract of land. He filed a declaration of restrictions against the lots that included, among other things, a requirement that any fences be chain-link. The declaration gave Christiansen the power to review and approve any construction on the lots, including fences. The document at various times referred to Christiansen as “owner,” “developer,” and “the undersigned.” Casey (defendant) owned one of the lots and was aware of the restrictive covenants. Richard Casey built a wooden fence without Christiansen’s approval. Christiansen brought suit seeking to enforce the restrictive covenant against Casey. At the time he filed suit, Christiansen no longer owned any of the 63 lots. Christiansen did, however, own property in an adjacent neighborhood. The trial court dismissed Christiansen’s complaint for lack of standing. Christiansen appealed.

Rule of Law

Issue

Holding and Reasoning (Nugent, J.)

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