Missouri Court of Appeals, Western District / Dec 1, 2022
RVR Enterprises, INC. vs. Cinnamon Hill, LLC
RVR Enterprises, Inc. appealed the trial court's grant of a motion for judgment on the pleadings in favor of Cinnamon Hill, LLC. RVR sought to enforce a restrictive covenant against Cinnamon Hill, which was building a hotel on a lot in a development where RVR also operated hotels. The appellate court affirmed, holding that RVR's petition failed to allege that Cinnamon Hill had actual or constructive notice of the restrictive covenant when it purchased the property, a necessary element for enforceability. The court also rejected RVR's argument that notice could be imputed to Cinnamon Hill through its current attorneys who had previously represented a different party in the original agreement.