MANHATTAN CONDOMINIUM ASSOCIATION v. STEWARDSHIP PROPERTIES LLC (2021)

Missouri Court of Appeals, Western District.

The MANHATTAN CONDOMINIUM ASSOCIATION, Appellant, v. STEWARDSHIP PROPERTIES, LLC, Respondent.

WD 83751

Decided: February 09, 2021

Before Division Three: Karen King Mitchell, Presiding Judge, and Gary D. Witt and Anthony Rex Gabbert, Judges

Rod Hoffman, Overland Park, KS, Attorney for Appellant. Paul D. Sinclair, Timothy C. Sansone, and Michael F. Lecinski, St. Louis, MO, Attorneys for Respondent.

Order

The Manhattan Condominium Association (MCA) appeals from a judgment entered in favor of Stewardship Properties, LLC, on MCA's contract action instituted to recover Stewardship's proportional obligation under a $3.5 million special assessment levied by MCA's Board of Directors. Stewardship refused to pay on the ground that the Board lacked authority to levy the special assessment. The trial court agreed, and MCA now raises two points on appeal. MCA first argues that the trial court erred in granting judgment in favor of Stewardship because, in doing so, the trial court erroneously interpreted MCA's declarations. MCA further argues that the trial court erred in denying MCA's claim for unjust enrichment because Stewardship received the benefits of the $3.5 million expenditure but did not pay its required share. Finding no error, we affirm. Rule 84.16(b).

Per Curiam:

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