Weber v. Les Petite Academies

McMILLIAN, Judge.

This is an appeal by plaintiffs, from a judgment denying an injunction to force the removal of a nonresidential structure from a subdivision which plaintiffs contend is restricted solely to single family homes. This case was previously before us after the circuit court sustained defendants’ separate motions for summary judgment. Weber v. Les Petite Academies, Inc., 490 S.W.2d 278 (Mo.App.1973). We then affirmed that the written subdivision restrictions on the recorded plat do not, as a matter of law, restrict the lot in question to residences. However, we reversed and…