Missouri Court of Appeals, Eastern District / Dec 8, 2020
David Maue, Appellant, vs. Fiedler Acres Subdivision, et al., Respondents.
David Maue appealed the dismissal of his road maintenance action under section 228.369 RSMo against various property owners in and around Fiedler Acres Subdivision. The trial court dismissed Count V for failure to state a claim. The appellate court affirmed the dismissal as to the Trustee, as that issue was not appealed. However, the court reversed the dismissal as to the Subdivision Owners and Benefitted Owners, holding that a prior written agreement or covenant only precludes a statutory action if it collectively affects all landowners benefitting from the private road, and remanded for further proceedings.