Sophian Plaza Association, et al Missouri Cases

Sophian Plaza Association and a class of plaintiffs sued the City of Kansas City after the City terminated its trash rebate program, alleging breach of injunction, breach of contract, specific performance, and civil contempt. The circuit court ruled in favor of the plaintiffs, but the Missouri Supreme Court reversed. The Court held that the breach of contract claim was not viable because the underlying agreement had merged into a 1976 Modified Judgment. Furthermore, the Court found that the current class could not bring a civil contempt action to enforce the 1976 judgment because they were not parties to the original litigation, and the original plaintiffs were not certified as a class under Rule 52.08.