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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Detling v. Edelbrock, 671 S.W.2d 265 (1984)

Citation
Detling v. Edelbrock, 671 S.W.2d 265 (1984)
Parent Document
Detling v. Edelbrock, 671 S.W.2d 265 (1984)
Jurisdiction
Missouri (state)
Effective Date
1984-05-15

Other Sections in This Document (76)

Full Text

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Respondent next contends that the trial court properly dismissed Count II because appellants’ exclusive remedy was provided by the Enforcement of Minimum Housing Code Standards Act (Act). Section 441.510 of the Act creates a right of action for municipalities and “[o]ccupants of one-third or more of the dwelling units within a building” in the event “a nuisance exists with respect to the dwelling unit or the building or premises of which the dwelling unit is a part.” § 441.510. The rule emerging from our prior decisions is that a statutory right of action shall not be deemed to supersede and displace remedies otherwise available at common law in the absence of language to that effect unless the statutory remedy fully comprehends *272 and envelopes the remedies provided by common law. See Gales v. Weldon, 282 5.W.2d 522, 529 (Mo.1955); Everett v. County of Clinton, 282 S.W.2d 30, 34 (Mo.1955).