Newmark v. L & R Development Corp.

REINHARD, Judge.

Defendant, L & R Development Corp. appeals from a judgment for the amount of a subdivision assessment.

The action was originally brought by plaintiffs, as trustees for Ladue Trails Subdivision, to recover subdivision assessments for the years 1976, 1977, and 1978 from defendant, owner of part of Lot 1 in Ladue Trails Subdivision Plat 2. The subdivision assessment amounted to $25 per year per lot and was provided for in a subdivision sub-indenture which is at the heart of the present controversy.

The subindenture at issue was entitled “Sub-Indenture of Deed Restrictions of La-due…