The Missouri Supreme Courtroom final week handed down a unanimous decision within the Colleen Eikmeier, et al v. Granite Springs Householders Affiliation case solidifying protections handed by the Missouri legislature for photo voltaic clients in opposition to restrictive and extreme land covenants.
The nonprofit Renew Missouri helped safe this victory that not solely protects Missourians’ proper to get pleasure from photo voltaic vitality however helps broaden property proprietor protections total. Senate Bill 820, sponsored by then-State Senator Eric Burlison, was handed within the 2022 legislative session. The invoice prohibited home-owner associations (HOAs) from banning photo voltaic of their covenants. An modification added by Senator Karla Could postponed the effectiveness of the legislation till Jan. 1, 2023 so HOAs would have time to get into compliance.
Regardless of this legislation being signed by Gov. Mike Parson, the Granite Springs HOA in Greene County advised Ms. Eikmeier that she might solely put photo voltaic panels on the again of her house — in impact, a de facto ban additionally prohibited by SB 820. She filed a lawsuit to implement the provisions of the brand new legislation, which the HOA argued shouldn’t apply to any HOA that existed previous to the legislation going into impact. The trial decide sided with the HOA, triggering an in depth appellate course of. All of which ended conclusively final week when the Supreme Courtroom stated, not solely does the legislation apply to all home-owner associations within the state irrespective of once they have been established, however the proof put ahead by the landowners at trial proved their HOA was violating the statute.
“Not solely is that this a victory for photo voltaic in our state, however this can be a decisive win for property rights,” stated James Owen, Government Director of Renew Missouri, who additionally served as trial counsel for the Plaintiffs. “I’m thrilled the Supreme Courtroom not solely held up the protections established by the Legislature but in addition helped make renewables and buyer option to pursue renewables extra obtainable in our state.”
Owen praised the work of veteran appellate lawyer Richard Schnake and Lilly Sweeney – a former Renew Missouri legislation clerk – with their Herculean efforts to struggle for justice by means of this prolonged course of.
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