Missouri Court of Appeals, Western District / Apr 19, 2022
George R. Wagner, et al. vs. Barry L. Nolan
George and Lila Wagner appealed the trial court's judgment granting Barry Nolan relief from a prior injunction that prevented him from operating a tow business from his residential property, which violated subdivision restrictive covenants. Nolan claimed the covenants were terminated by a majority vote of lot owners. The appellate court reversed, holding that the trial court erred in counting replatted lots as separate voting tracts, which resulted in an incorrect determination that a majority had voted to terminate the covenants.