Missouri Court of Appeals, Eastern District / Jun 19, 2018
Trustees of Clayton Terrace Subdivision, Plaintiff/Respondent/Cross-Appellant, v. 6 Clayton Terrace, LLC, and Jeannette R. Huey, Trustee of the Jane R. Huey Lifetime Trust Agreement dated May 21, 1998, Defendants/Appellants/Cross-Respondents.
Jeannette R. Huey, Trustee (Seller), and 6 Clayton Terrace, LLC (Buyer), appealed from judgments in a dispute with the Trustees of Clayton Terrace Subdivision (Subdivision Trustees) concerning restrictive covenants and attorney's fees. The trial court had ruled on the validity of a 'one residence per lot' provision, a right of first refusal, and an abuse of process counterclaim. The appellate court affirmed the validity of the 'one residence per lot' provision and Seller's compliance with the right of first refusal, and affirmed Seller's abuse of process claim. However, it reversed the trial court's interpretation that the 'one residence per lot' provision prohibited subdivision and reversed the attorney's fee awards, remanding for recalculation and proper attribution.