Hamrick v. Herrera

CLARK, Presiding Judge.

Appellants and respondents are the owners of adjoining lots in a Kansas City residential subdivision. On the petition of respondents, and after a bench trial, the court ordered appellants to remove a partially completed, detached structure appurtenant to their residence and also permanently enjoined appellants from erecting any similar structure. The issues on appeal are whether a declaration of restrictions in the subdivision governs appellants’ use of their property and whether the local homes association is a successor to the restriction declarant under those…