Bennett v. Huwar

CLARK, Judge.

This is a suit for injunction seeking to prohibit respondents from constructing and maintaining a residence building on a subdivision of land in Cass County without first complying with the subdivision restrictions which require approval of building plans by a property owners architectural control committee. The underlying facts of the case are reported in the opinion rendered in a prior appeal of the same case appearing at Bennett v. Huwar, 748 S.W.2d 777 (Mo.App.1988).

When this case was originally presented to the trial judge, the issue upon which the court rendered judgment…