Dierberg v. Wills

GARY M. GAERTNER, Judge.

This appeal follows from an order of the Circuit Court of St. Louis County declaring a restrictive covenant null and void. The covenant, which prohibited the construction of “any building intended for any purpose except a one family private residence,” had been properly recorded in the original deed to five tracts of land. The plaintiff, who owned one of these five tracts, brought this declaratory judgment action, naming the owners of the other four tracts as defendants. Plaintiff seeks to have the covenant declared null and void so that she can carry forward her plan…