Stephen and Cheryl Jacoby Missouri Cases

Stephen and Cheryl Jacoby sued The Hamptons Community Association, Inc. (HOA) after the HOA amended parking restrictions, fined them, and disqualified their vote. The trial court issued a declaratory judgment in favor of the Jacobys, invalidating the restrictions and fines, ordering their vote counted, and awarding attorneys' fees. On appeal, the Eastern District affirmed the trial court's declaratory judgment regarding the parking restrictions, fines, and vote, finding the HOA's new argument unpreserved. However, the court reversed the award of attorneys' fees, concluding that the trial court abused its discretion as no special circumstances justified the award.