Missouri Court of Appeals, Eastern District / Jul 18, 2023
Old Navy, LLC, Appellant, vs. South Lakeview Plaza I, LLC, Respondent.
Old Navy, LLC appealed the denial of its partial summary judgment motion and the grant of summary judgment for South Lakeview Plaza I, LLC, in a dispute over commercial lease property tax obligations. The appellate court affirmed the trial court's ruling that Old Navy's leased property was not separately assessed for real estate tax purposes within the meaning of the lease, as the new tax parcel was created for financing. However, the court reversed the trial court's grant of summary judgment based on waiver, finding a genuine issue of material fact regarding Old Navy's knowledge of the billing method. The case was remanded for further proceedings consistent with the opinion.