Missouri Court of Appeals, Eastern District / Jun 13, 2023
Ronald D. Ruff, et al., Appellants, vs. Bequette Construction, Inc., et al., Respondents.
Homeowners in Birch Creek Estates Subdivision appealed the denial of their petition for declaratory judgment, which sought to declare a prior reformation judgment null and void. The homeowners argued that the reformation judgment, which clarified developer rights, affected their property interests and that they were necessary parties to that judgment. The appellate court affirmed the trial court's denial, concluding that there was no justiciable controversy because a prior, affirmed judgment (Ruff I) had already established that Bequette Construction possessed developer rights regardless of the validity of the challenged reformation judgment.