Gershman Investment Corp. v. Duckett Creek Sewer District

PUDLOWSKI, Judge.

This suit was brought to determine whether sections 249.255 and 249.645, RSMo Cum.Supp.1991, can be applied retrospectively to grant sewer liens priority over deeds of trust and liens recorded prior to the enactment of those statutes. The trial court granted judgment in favor of Respondent Duckett Creek Sewer District determining that the statute granted retrospective priority to sewer liens over pre-enactment deeds of trust. We reverse.

On November 4, 1986, Appellant Gersh-man Investment Corporation (Gershman) entered into a Mortgage Note Agreement (note) with Tyree and…