Nithyananda Dhyanapeetam of St. Louis, Appellant/Cross-Respondent, and Fogerty Farms, Respondent/Cross- Missouri Cases

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.