Thirty and 141, L.P. et al v. Lowe's Home Centers, Inc., No. 4:2006cv01781 - Document 187 (E.D. Mo. 2010)

Court Description: MEMORANDUM OPINION - In view of the finding that the parties made a mutual mistake in describing the property to be restricted under Declaration 90 pursuant to the terms of the lease agreement, the equitable remedy of reformation is warranted. Accor dingly, the use restructions set out in Declaration 90 shall be conformed to the language of the lease so that all references to the application of the use restrictions to Lots 7 and 8 shall be void and unenforceable. Signed by Honorable Stephen N. Limbaugh, Jr on 8/27/10. (LAH)