Notice of appeal filed in University Heights case

A notice of appeal has been filed in a case pitting University Heights neighborhood residents against developer BK&M LLC.

Dixie Sleight et al. v. BK&M LLC was decided in favor of the developer on June 14. The notice of appeal to the Missouri Court of Appeals, Southern District, was filed Oct. 21 by Bryan Wade of Husch Blackwell LLP, attorney for the neighborhood residents, in Greene County Circuit Court, where the judge handed down the decision this summer.

The neighborhood residents, in a suit filed Dec. 9, 2022, were attempting to uphold deed restrictions dating from circa 1925, when the neighborhood was platted. The restrictions disallowed commercial development in the residential neighborhood while also forbidding certain construction materials and lot partitioning.

Circuit Judge Derek Ankrom found in favor of the defendant and ruled that the restrictions had been applied only sporadically to deeds and were frequently violated over the years by residents.

BK&M aims to establish a commercial development in the neighborhood at the northwest corner of Sunshine Street and National Avenue.

The appeal notice outlines five issues to be addressed by the Southern District Court of Appeals:

1. That the trial court misapplied Missouri Supreme Court Rule 52.01 in finding that four of the plaintiffs failed to establish standing.
2. That the trial court misapplied the law in concluding that the materials covenant and single private residence covenant of deed restrictions are non-severable.
3. That the trial court erred in finding that the subdivision of lots within University Heights constituted a waiver of deed restrictions.
4. That the trial court’s finding that there was widespread violation of deed restrictions was against the weight of the evidence.
5. That the trial court went against the weight of the evidence in its finding that plaintiffs failed to establish benefit from deed restrictions and the defendant proved hardship should deed restrictions be enforced.

Plaintiffs in the case are Sleight, Barbara Susan Robinson, Anna Squires, Rod Dixon, Lisa Dixon, Rebecca Gilmore, Mark Wealand, Steve Waddell and Virginia Olson.