The latest chapter in a years-long legal saga regarding deed restrictions and future development at the corner of the University Heights neighborhood unfolded in a high school auditorium Tuesday, March 31 in Branson. After a Greene County judge ruled against a group of residents hoping to prevent anything but single-family homes being built in the neighborhood in June 2024, they appealed. On Tuesday, the case went before the Missouri Court of Appeals for oral argument.
The northwest corner of National Avenue and Sunshine Street has been the center of controversy for years. With ever-changing proposals about how to revamp eight properties for a commercial use, a group of University Heights residents had filed a lawsuit against developers with Be Kind & Merciful LLC in late 2022 claiming century-old deed restrictions allowed only single-family homes to be built there. After appealing the ruling, on Tuesday lawyers representing both sides finally argued their case in front of the Missouri Court of Appeals Southern District at Branson High School. The appellate court occasionally hears cases outside of the typical courtroom setting to better engage with the public.
Nearly two years ago, Greene County Circuit Judge Derek Ankrom ruled in favor of BK&M and noted in a 42-page opinion that he arrived at the decision in large part because most other deed restrictions, such as those pertaining to construction materials, had already been waived by University Heights residents themselves and therefore could no longer be enforced…