[DOWNLOAD] "Marvin E. Nieberg Real Estate Co. v." by Eastern District, Division Two Court of Appeals of Missouri * Book PDF Kindle ePub Free
eBook details
- Title: Marvin E. Nieberg Real Estate Co. v.
- Author : Eastern District, Division Two Court of Appeals of Missouri
- Release Date : January 16, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Plaintiff, a subdivision developer, appeals a judgment in favor of defendants, the adjoining subdivision developer and the
former and current homeowners' association directors thereof, on plaintiff's claims for damages for obstruction of an easement
and trespass and on defendants' counterclaim for an injunction and for equitable contribution towards maintenance and repair
of a cross access easement and a temporary access road. We reverse with respect to the denial of nominal damages for trespass
and remand the trespass count for findings on whether punitive damages should be awarded. In all other respects the judgment
is affirmed. Factual Background The Parties Plaintiff Marvin E. Nieberg Real Estate Company [Nieberg Company] is a Missouri corporation
of which Marvin E. Nieberg is president. Nieberg Company originally owned a 20.045 acre parcel of land in St. Louis County.
In 1963 it had approximately 17 acres of this tract rezoned and developed into the Willowyck Estates Subdivision. It did
not rezone and did not provide access to the remaining 3.25 acres of this tract, which became landlocked. See Marvin E. Nieberg
Real Estate Co. v. St. Louis County, 488 S.W.2d 626 (Mo. 1973). At the time of trial, the 3.25 acre parcel had been rezoned
for development of nine single family homes to be known as Bennington Common Court. Four of those homes had been constructed
or were under construction.
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