[DOWNLOAD] "St. Louis Investment Properties V." by Eastern District, Division Two Court of Appeals of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: St. Louis Investment Properties V.
- Author : Eastern District, Division Two Court of Appeals of Missouri
- Release Date : January 29, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiff, St. Louis Investment Properties, Inc., brought a declaratory judgment action against defendant, The Metropolitan St. Louis Sewer District (MSD), seeking an order declaring 1) that MSD was not empowered to enforce its sewer charges with a lien against two parcels of real estate located in St. Louis County, 2) that the MSD notices of lien on the two properties were subject to prerecorded deeds of trust, and 3) that the MSD notices of lien were extinguished by foreclosures of those deeds of trust. The parties filed cross-motions for summary judgment and a joint stipulation of facts and exhibits. The trial court entered summary judgment in favor of MSD. Plaintiff appeals on grounds that the judgment was erroneous as a matter of law. We find that MSD had authority to impose liens for delinquent sewer service charges on the property served, but did not have authority to give those liens priority over previously recorded deeds of trust which had been recorded prior to the enactment of § 249.255 RSMo (Cum. Supp. 1991). Accordingly, we affirm that part of the judgment finding that MSD was empowered to enforce collection of its sewer service charges by imposing liens on the real property served. We reverse the remainder of the judgment and remand.