Earls v. Majestic Pointe Ltd.

Defendant, Majestic Pointe, Ltd.,.(MPL) a Missouri corporation, appeals from the trial court’s judgment granting the relief requested by Plaintiffs1 and denying the relief requested by MPL in its counterclaim. The predominant issues in this case involve the validity of a 1989 zoning change regarding property now owned by MPL and the right to use a road providing access to Plaintiffs and MPL’s respective tracts of real estate.

Plaintiffs’ “Petition for Declaratory Judgment,” filed July 1, 1994, contained three counts. Count I, a declaratory action, sought to rescind a Division III Permit No.…