R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)

Citation: R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)
Parent Document: R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)
Jurisdiction: Missouri (state)
Effective Date: 2007-05-29
Original Source: https://www.courtlistener.com/opinion/1439157/r-j-rhodes-llc-v-finney/ ↗

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The record supports a finding that Appellant interfered with the lessees’ enjoyment of the property under the lease because one purpose of the lease, as discussed above, was for the lessees to be able to fly their planes by using the runway and use the hangars. In addition to sending the notices indicating that the land would no longer be operated as an airport, Appellant posted no trespassing signs and parked a tractor in the runway on at least one occasion. More importantly, Appellant repeatedly demanded that the lessees relinquish all rights under the lease and hand over the hangar buildings to it even though the buildings are considered the lessees’ personal property under the lease. It also threatened civil and criminal suits and attorney fees if the lessees did not vacate the property immediately, representing that copies of the notice had been sent to the sheriff and prosecuting attorney. The trial court could have reasonably inferred that the tenants were fearful of being sued and did not wish to leave their personal property for Appellant’s personal use.

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