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IN THE CIRCUIT COURT OF COLE COUNTY, MISSOURI NEIDERT PROPERTIES, LLC, Owner of Record of 200 East High Street, Jefferson City, MO Plaintiff, ve Case No. 18AC-CC00416 CAROL JEAN WIEBERG, AMARRIED PERSON, and/or RUBEN WIEBERG AND CAROL WIEBERG, HUSBAND AND WIFE, Owner(s) of Record, 202 East High Street, ‘Jefferson City, MO Defendants, ORDER AND JUDGMENT NOW ON THE 16" day of May, 2019, the parties appeared and argued Plaintiff Neidert Properties, LLC’s (sometimes referred to herein as “Plaintiff Neidert”) Motion for Summary Judgment, which was filed on December 21, 2018 as to its Petition for Declaratory Judgment, ‘The Court, having considered all filings of record made in connection with Plaintiff ‘Neidert’s Motion for Summary Judgment, the cases cited and other materials included in those filings, as well as the arguments of counsel, does hereby find that there is no genuine issue as to any material fact and that Plaintiff Neidert is entitled to judgment as a matter of law. The Court, therefore, grants Plaintiff Neidert’s Motion for Summary Judgment. Although the Court makes several specific findings below, the Court expressly grants Plaintiff Neidert’s Motion for Summary Judgment for all of the reasons set forth in said motion and all filings of record made in connection with said motion. In granting Plaintiff Neidert’s Motion for Summary Judgment, the Coutt specifically finds that the building owned by Plaintiff Neidert at 200 East High Street, Jefferson City, Missouri (sometimes referred to herein as “200 East High”) has collapsed, or deteriorated, or been destroyed through no fault or negligence of Plaintiff Neidert and that the City of Jefferson has condemned said building by ordering it to be demolished under the City’s dangerous building code on January 15, 2019. Accordingly, the 1898 agreement between the predecessor of Defendants Carol and Ruben Wieberg (sometimes referred to herein as “Defendants Wieberg”), the owners of 202 East High Street, Jefferson City, Missouri (sometimes referred to herein as “202 East High”), and the predecessor of Plaintiff Neidert, terminated not later than the date when the City issued its demolition order to Plaintiff Neidert. As such, the Court finds that the right of Defendants Wieberg to continue using the cast wall of Plaintiff Neidert’s structure at 200 East High for any purpose, —Page 1 of 2— including to support the structural and other elements of their structure at 202 East High, has terminated, In granting Plaintiff Neidert’s Motion for Summary Judgment, the Court also specifically finds that Plaintiff Neidert owes no duty to Defendants Wieberg regarding past or future maintenance of, or to preserve or maintain, the easterly wall of 200 East High, owned by Plaintiff Neidert, and that Plaintiff Neidert owes no duty to Defendants Wieberg to protect their structure at 202 East High from damage. A THEREFORE, on thislo~ day of, Vee 2019, it is ORDERED, ADJUDGED, and DECLARED, that Defendants Carol anf Ruben Wieberg have no right to continue using the east wall of Plaintiff Neidert Properties, LLC’s structure at 200 Bast High Street, Jefferson City, Missouri, and that Plaintiff Neidert Properties, LLC has no duty to preserve or maintain said east wall or to protect Defendants Carol and Ruben Wieberg’s structure at 202 East High Street, Jefferson City, Missouri from damage. IT IS FURTHER ORDERED that Plaintiff Neidert Properties, LLC may proceed with demolishing its structure at 200 East High Street, Jefferson City, Missouri, including the east wall thereof, in order to comply with the City of Jefferson’s administrative order, dated January 15, 2019, requiring Neidert Properties, LLC to do so, IT IS FURTHER ORDERED that this Order and Judgment is stayed for a period of fifteen (15) days, so that Defendants Carol and Ruben Wieberg may take whatever measures they deem necessary to protect their structure at 202 East High Street, Jefferson City, Missouri from damage during demolition of Plaintiff Neidert Properties, LLC’s structure at 200 East High Street, Jefferson City, Missouri, or to demolish their structure at 202 East High Street. The Court will consider extending this stay only upon showing of good faith effort by Defendants Carol and Ruben Wicberg to complete any such measures prior to expiration of this stay. IT IS SO ORDERED. . o 7 (-L-AS A Date Patricia § JoyceFudge Circuit Court of Cole County, Missouri —Page 2 of 2—