Missouri Court of Appeals, Southern District / Nov 22, 2021
INDIAN HILLS CIVIC ASSOCIATION, DALE BRUNTS, JAMES O'FALLON, RANDY WILLIAMS AND DIANA WIDEMAN, Appellants vs. INDIAN LAKE PROPERTY OWNERS ASSOCIATION, INC., Respondent
Appellants, lot owners in the Indian Hills Subdivision, challenged special assessments levied by the Indian Lake Property Owners Association (ILPOA) for a bridge reconstruction, arguing the ILPOA failed to follow proper amendment procedures for the subdivision's Building and Use Restrictions (BURs). The trial court entered judgment in favor of the ILPOA on Appellants' claims for declaratory and injunctive relief, and dismissed their claims under the Missouri Merchandising Practices Act (MMPA) and for common law fraud. The appellate court affirmed the trial court's judgment, finding no merit in any of Appellants' four points relied on.