Missouri Court of Appeals, Eastern District Digest: April 11, 2022

Contracts

Commercial Lease Agreement

Material Breach

Unlawful Detainer

Where tenant appealed a trial court judgment granting unlawful detainer to the owner after the court found that the tenant breached the parties’ commercial lease agreement, the lease assigned exclusive control over the common area of the shopping center to the owner, and all the evidence of breach related to the conduct of third-party invitees that occurred in the common area, so the trial court erred by finding that tenant materially breached and forfeited the lease.

Judgment is reversed.

CP3 BP Associates, LLC v. CSL Plasma, Inc. (MLW No. 78102/Case No. ED109656 – 23 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis County, Newsham, J. (Caroline L. Hermeling and Joanne Sandifer for appellant) (Stephen T. Hamby, Tyler C. Shaeffer and Candace Johnson for respondent).

https://www.courts.mo.gov/file.jsp?id=185974

Domestic Relations

Parental Rights

Termination

Evidence

Where a mother challenged the termination of her parental rights, arguing that the trial court erred after finding that the mother failed to support her children, failed to obtain adequate housing, failed to comply with the requirements of a court-ordered social services plan and failed to obtain regular employment, the mother’s contributions were sufficient to survive termination, and the court’s findings were not supported by sufficient evidence.

Judgment is reversed.

In the Interest of: T.M.P (MLW No. 78101/Case No. ED109843 – 18 pages) (Missouri Court of Appeals, Eastern District, Clark II, J.) Appealed from circuit court, St. Louis City, Peebles, J. (John Patrick DeMoor and Mary Elizabeth Davidson for appellant) (Ashley Nicole Boker, David Lee McCain Jr., Bradley Robert Baker and Kelley McCadden Winkler for respondent).

https://www.courts.mo.gov/file.jsp?id=185975

Real Property

Conditional Use Permit

Court Authority

Where a city challenged a judgment ordering the city to issue a conditional use permit to a convenience store business to redevelop certain property, the trial court did not exceed its authority because it properly heard evidence and made its own factual determination, and the court did not substitute its discretion for the discretion of the city council.

Judgment is affirmed.

BG Olive & Graeser, LLC v. City of Creve Coeur (MLW No. 78100/Case No. ED109879 – 13 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed from circuit court, St. Louis County, McLaughlin, J. (Carl J. Lumley and James R. Layton for appellant) (Gerard T. Carmody and Ryan M. Prsha for respondent).

https://www.courts.mo.gov/file.jsp?id=185976