Supreme Court of Missouri / Aug 13, 2019
Trustees of Clayton Terrace Subdivision, Respondent/Cross-Appellant, vs. 6 Clayton Terrace, LLC, and Jeannette R. Huey, Trustee of the Jane R. Huey Lifetime Trust Agreement Dated May 21, 1998, Appellants/Cross-Respondents.
Jeannette R. Huey and 6 Clayton Terrace, LLC, appealed portions of a circuit court judgment concerning the sale and proposed subdivision of a lot in Clayton Terrace Subdivision, and the Trustees cross-appealed. The Missouri Supreme Court affirmed the circuit court's ruling that Ms. Huey's sale of her home was valid, finding she complied with the right of first refusal. The Court also affirmed that the subdivision's "one residence per lot" indenture provision is valid and prohibits lot subdivision, but reversed the circuit court's finding that the trustees abused process and consequently reversed all awards of attorney's fees.