(Download) "Louis G. Vinyard v. St. Louis County" by Supreme Court of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: Louis G. Vinyard v. St. Louis County
- Author : Supreme Court of Missouri
- Release Date : January 10, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is a class action brought by six residents of Saxon Manor No. 2, a subdivision in St. Louis County, against the county
and James v. Cornet and wife, for a declaratory judgment to construe the rights of the parties under county ordinances regulating
subdivisions and zoning and under subdivision deed restrictions; to declare the use of portions of two lots for roadway purposes
illegal and a violation of the ordinances and restrictions and to enjoin the granting or issuance of a subdivision permit
for roadway purposes or the use of the strip of land in question as a roadway. The county answered that the use violated the
ordinances; that the portions of the two lots were neither properly established as a road nor properly subdivided. The Cornets
claimed right of user as bona fide purchasers to whom a permit had been issued and cross-petitioned for the creation of a
statutory roadway by necessity. The court found for the Cornets and the county and plaintiffs appealed. This court has jurisdiction
because a county as such is a party. Const. Art. V, § 3. Idamor Development Corporation (hereinafter Idamor) owned a sizeable tract of land which it developed as a subdivision. All
of the lots were sold to M. Shapiro & Sons, Inc. (hereinafter Shapiro). The officers of Idamor and Shapiro were the same
persons: Stanley Shapiro, Kenneth Shapiro and Donald Sontag. These three were also the trustees of Saxon Manor No. 2. Shapiro
built houses on the lots and sold them subject to recorded subdivision restrictions. Idamor owned a 4.2-acre tract (hereinafter
Parcel 1) adjoining the subdivision. There was no access to Parcel 1 by way of any street or road. Lots 150 and 151 were platted
wider than most of the lots in the subdivision. When they were sold Shapiro reserved 25 feet off each, thus creating a 50-foot
strip between them. This 50-foot strip will be referred to as Parcel 2. Parcels 1 and 2 were sold in one transaction to the
Cornets for the development of a multiple dwelling apartment complex on Parcel 1, access to which was to be had by using Parcel
2 as a roadway. This litigation arises out of the conflicting claims of the parties as to the right of the Cornets to thus
use the 50-foot strip of land known as Parcel 2. A resume of agreed facts in chronological order follows.
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