Christiansen v. Casey
Missouri Court of Appeals
613 S.W.2d 906 (Mo. Ct. App. 1981)
Christiansen (plaintiff), the original developer of a 63-lot subdivision, recorded a declaration of restrictions requiring his approval for fence construction and other improvements; lot owner Casey (defendant), aware of the covenants, built a wooden fence without Christiansen's approval, and Christiansen sued to enforce the covenant even though he no longer owned any lots in the subdivision (though he did own adjacent property nearby). The trial court dismissed for lack of standing, and Christiansen appealed.
Whether an original subdivision developer retains standing to enforce a restrictive covenant against a lot owner after selling all his lots within that subdivision, where the covenant made him personally the promisee entitled to approve construction.