City of St. Joseph v. St. Joseph Riverboat Partners

RONALD R. HOLLIGER, Judge.

St. Joseph Riverboat Partners (“Partners”) appeal the judgment of the trial court upon the declaratory judgment action brought by the City of St. Joseph, Missouri, and Buchanan County, Missouri, (“Lessors”). Partners claim that the trial court erred in finding that the construction of the City’s proposed “riverfront trail” on property leased to Partners did not violate an express covenant of quiet enjoyment under the lease, as that issue was not properly before the trial court. We agree, and reverse the judgment below in part, to the extent that the trial court made…