Missouri Court of Appeals, Eastern District / Mar 8, 2022
KITC Homes, LLC, Appellant, vs. City of Richmond Heights, MO, Respondent.
KITC Homes, LLC appealed the dismissal of its claims against the City of Richmond Heights for tortious interference, negligence, and impairment of contract. The trial court dismissed the tort claims based on sovereign immunity and the contract claim for failure to state a cause of action. The appellate court reversed the dismissal of the tortious interference and negligence claims, finding KITC sufficiently pleaded the proprietary-function exception to sovereign immunity. However, the court affirmed the dismissal of the impairment of contract claim, concluding KITC failed to allege a recognizable cause of action under the Contracts Clause.