Millstone Property Owners Association, Respondent/Cross- Missouri Cases

Millstone Property Owners Association sued Nithyananda Dhyanapeetam of St. Louis for breach of subdivision restrictions, including failure to pay assessments and maintain lots. Nithyananda counterclaimed, arguing that developer rights were not properly transferred to Fogarty Farms (who created the association) and that the restrictions were abandoned. Nithyananda also challenged the transfer of a common lake lot. The circuit court found developer rights were transferred, restrictions were not abandoned, Nithyananda must comply, and the lake lot remained common ground, awarding attorney fees to the association. The Supreme Court of Missouri affirmed the circuit court's judgment in all respects.

Nithyananda Dhyanapeetam, owner of three lots in the Millstone subdivision, appealed a judgment concerning its non-conforming use of a lot, unpaid assessments, and developer rights. Fogarty Farms and the Millstone Property Owners Association (MPOA) cross-appealed regarding the voiding of a lake lot transfer and attorneys' fees. The appellate court affirmed the trial court's findings on developer rights, the attorneys' fees award, and the voiding of the lake lot transfer based on promissory estoppel. However, it reversed the injunction concerning lot fourteen, holding that the single-family dwelling restriction was waived for that lot due to prior widespread disregard.