R. A. Fitzwilliam v. Wesley United

The plaintiffs are residents of Bloess & Routszong's First Subdivision to Stewart and Thompson's Second Addition to the City of Sedalia, Missouri. On October 22, 1991, the defendant, Wesley United Methodist Church (Church), acquired Lots Eight and Nine of Block Two of that subdivision, ""subject to easements apparent or of record and restrictions, if any."" The Church intends to remove the existing home from the lots and construct a surface parking facility, providing approximately fourteen to eighteen parking spaces for congregation members. The plaintiffs filed an action seeking a declaratory judgment that the Church's proposed use of the residential real estate as a parking lot violates both a restrictive covenant and zoning ordinances of the city. Plaintiffs also sought an injunction preventing the Church from constructing the lot. The church building and a previously established parking area are located immediately to the south of the subdivision, and were in existence on October 26, 1955, when the restrictive covenants were recorded. The church building itself is located immediately to the south of Lots Eight and Nine, separated by an alley twenty feet in width, which is owned and maintained by the city of Sedalia. A surface water drainage ditch, approximately eight feet deep, is located on the western half of the alley making the alley impassable to vehicular traffic.