Clarksboro, LLC and WMAC 2013, LLC Missouri Cases

Clarksboro, LLC and WMAC 2013, LLC appealed the grant of summary judgment in favor of the City of Overland, Missouri, which sought to demolish their building for code violations. The appellants had sought injunctive and declaratory relief, arguing the City accepted abatement of violations via a plea agreement and that the demolition order was barred by res judicata or collateral estoppel. The appellate court affirmed the summary judgment, holding that appellants waived their arguments by failing to appear at the administrative hearing and by failing to timely file a petition for judicial review, which deprived the circuit court of statutory authority. The court also found that injunctive and declaratory relief was not available and that res judicata/collateral estoppel did not apply.