Professional Documents
Culture Documents
LOUIS CITY
STATE OF MISSOURI
PETITION
The State of Missouri, through Attorney General Joshua D. Hawley, states the following:
1. The residents of the Clinton-Peabody Housing Complex have long been forced to
live in intolerable conditions. They have faced rodent and pest infestations, substantial
accumulation of black mold, significant water damage, and numerous other serious issues. Despite
notice of these conditions and widespread public outrage, Defendants have defied Missouri law by
refusing to take appropriate remedial action. No Missourian should be forced to come home to
the conditions that Clinton-Peabody residents face each day. Attorney General Joshua D. Hawley
brings this action to vindicate the rights of the residents of the Clinton-Peabody Housing Complex
2. Joshua D. Hawley is the duly elected Attorney General of Missouri and brings this
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3. The Missouri Attorney General has authority to enforce the provisions of the
4. The Missouri Attorney General has authority to bring actions to abate and remedy
public nuisances.
5. The Missouri Attorney General has authority to seek equitable relief to enforce the
State’s sovereign interest in ensuring that its political subdivisions comply with Missouri law.
6. The Missouri Attorney General has authority to bring claims on behalf of residents
of housing provided by the St. Louis Housing Authority in order to protect the State’s sovereign
8. The Housing Authority has its principal place of business in the City of St. Louis.
Management Services, Inc.) (“McCormack Baron”) is a Missouri corporation having its principal
11. McCormack Baron serves as an agent of the Housing Authority in connection with
the Complex and serves as property manager of the Complex pursuant to a Management
12. The Court has subject-matter jurisdiction over this civil action under Article V, § 14
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14. Venue is proper in this Court pursuant to § 407.100.7, RSMo, and § 508.010,
RSMo.
15. The Housing Authority enters into written lease agreements with all of its tenants.
16. A true and accurate copy of the standard-form lease agreement between the
Housing Authority and residents of the Complex is attached as Exhibit 1 and is incorporated by
reference herein.
17. On information and belief, the Housing Authority has entered into leases
substantially similar to Exhibit 1 with all residents of the Complex at all relevant times.
18. In the standard-form lease, among other things, the Housing Authority expressly
agrees:
a. “To maintain the dwelling unit and the [Complex] in decent, safe and
sanitary condition”;
codes, and HUD regulations materially affecting health and safety”; and
19. Under Missouri law, all residential lease agreements include an implied warranty
of habitability.
20. “[A] landlord impliedly warrants the habitability of leased residential property.”
Detling v. Edelbrock, 671 S.W.2d 265, 270 (Mo. banc 1984), abrogated on other grounds by Heins
Implement Co. v. Mo. Highway & Transp. Comm’n, 859 S.W.2d 681 (Mo. banc 1993).
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21. In particular, “a landlord warrants that the dwelling is habitable and fit for living at
the inception of the lease and that it will remain so during the entire term. The landlord warrants
that he will provide facilities and service vital to the life, health and safety of the tenant and to the
use of the premises for residential purposes.” Id. (quotation and brackets omitted).
22. An unabated rodent or pest infestation in a residence breaches the implied warranty
of habitability.
23. The presence of substantial mold growth within a residence breaches the implied
warranty of habitability.
24. The unabated intrusion of water into a residence breaches the implied warranty of
habitability.
25. Applicable housing and building codes can provide additional substantive content
26. St. Louis City Ordinance No. 68791, § 302.5 provides: “All structures and exterior
property shall be kept free from rodent harborage and infestation. Where rodents are found, they
shall be promptly exterminated by approved processes which will not be injurious to human health.
After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent
infestation.”
27. Among other things, the St. Louis City Code provides:
maintained in a rat-stopped and rat-free condition.” St. Louis City Code § 11.08.380.
infested with rats or shall permit or allow any condition to exist in or around such building or on
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any premises or any vacant lot which may be conducive to rat infestation.” St. Louis City Code
§ 11.08.410.
on any property, public or private, by any person or legal entity, their agents or servants or any
person or legal entity who aids or abets therein, to the damage or injury of the inhabitants of the
City or a substantial part thereof, shall be deemed a public nuisance unless otherwise provided for
d. “All buildings, structures or premises, and all parts thereof, both existing
and new, shall be maintained in a safe and sanitary condition.” St. Louis City Code § 105.2.5; see
also § 105.2.6 (“The owner(s) or the owner’s agent shall be responsible for the safe and sanitary
maintenance of the building, structure or premises and its means of egress facilities at all times.”).
unsanitary or deficient because of inadequate means of egress, facilities, inadequate light and
ventilation, or which constitutes a fire hazard, or are otherwise dangerous to human life or the
public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall
McCormack Baron Serves as Agent and Property Manager of the Housing Authority and
Is Responsible for Operating and Maintaining the Complex
28. On or about January 13, 2013, McCormack Baron entered into a Management
Agreement with the Housing Authority pursuant to which McCormack Baron agreed to become
an agent of the Housing Authority for purposes of managing and maintaining the Complex.
29. A true and accurate copy of the Management Agreement is attached as Exhibit 2
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30. Pursuant to the Management Agreement, McCormack Baron assumed the duty to
operate and maintain the Complex in accordance with law, including the implied warranty of
habitability and all applicable provisions of the St. Louis City Code.
31. McCormack Baron has custody and control over the Complex as agent for the
Housing Authority.
32. Among other things, McCormack Baron agreed to the following pursuant to the
Management Agreement:
Plan and local codes and in a condition at all times acceptable to the Owner. This will include, but
not be limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other
maintenance and repair work as may be necessary, subject to any limitations imposed by the Owner
repair of systems and for extraordinary repairs that are beyond the capability of regular
maintenance employees”;
[and] take such action thereon as may be justified . . . Emergency requests will be received and
requirements and Owner policy shall be corrected or abated within 24 hours. . . . All deficiencies
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33. Under the Management Agreement and its agency relationship with the Housing
Authority, McCormack Baron has assumed full control over the operation and maintenance of the
Rodent and Pest Infestations Pose Serious Health Risks to Residents, Their Families, and
Their Guests
34. Infestations of residential units by rodents and other pests pose severe health risks
to residents.
rodents “present a great risk to human health, especially to people whose health is already
compromised. Studies show that rats and mice can be infected with a large variety of parasites
and zoonotic agents, which elevates their status from mere nuisances to public health pests. In
addition to being reservoirs for zoonotic diseases, [they] are also linked to medical problems
associated with asthma and indoor allergic reactions, which further supports the need for effective
36. Moreover, “the awareness of rats and mice in and around a dwelling can be a source
of anxiety for its occupants. Thus, the presence of rats and mice also affect mental health.”
37. Similarly, the presence of cockroaches in a residence can cause “direct health
food.”
39. For example, one study found that approximately 70% of the cockroaches tested
“were contaminated with Salmonella spp., many of which were resistant to antibacterial drugs.”
40. In addition, “[n]umerous studies have shown the association between (and potential
significance of) cockroaches in lower-income households and asthma among children. [One study
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indicates] that exposure to cockroach allergen has an important role in causing morbidity due to
41. “Children allergic to cockroach allergen and exposed to high levels had a 3.4 times
higher rate of hospitalization for asthma than other children. This group also had 78% more
unscheduled visits to health care providers because of asthma. They also missed significantly
The Presence of Substantial Mold Accumulation in Residential Units Poses Serious Health
Risks to Residents, Their Families, and Their Guests
42. The presence of substantial mold accumulation in residential units also poses
43. Medical research indicates that indoor mold accumulation may cause and/or
exacerbate a number of serious health conditions, including but not limited to acute pulmonary
interstitial lung disease, upper respiratory tract irritation, and perennial allergic rhinitis.
44. In addition, indoor molds can produce and release highly toxic substances called
45. The American Academy of Pediatrics has recognized that “[i]nfants may be
particularly susceptible to the effects of these inhaled mycotoxins because their lungs are growing
rapidly.”
46. Indoor molds can also release volatile organic compounds (“VOCs”) into a
47. VOCs are associated with a variety of adverse health effects, including respiratory
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Unabated Water Intrusion into Residences Poses Serious Health Risks to Residents, Their
Families, and Their Guests
48. The intrusion of water into residences, such as through unabated leaks, is associated
49. One study found a close link between pulmonary hemorrhage and residing in homes
with chronic water intrusion. See Montana, et al., Environmental Risk Factors Associated with
50. Medical research indicates that “moisture in buildings is associated with the onset
of asthma in children and adults.” Storey, et al., GUIDANCE FOR CLINICIANS ON THE RECOGNITION
AND MANAGEMENT OF HEALTH EFFECTS RELATED TO MOLD EXPOSURE AND MOISTURE INDOORS
(2004), at 24.
51. “In recent years, there have been numerous reports in both the medical literature
and the popular media that indoor exposure to fungi or fungal toxins has caused significant disease
The Conditions in Large Swaths of the Complex Breach the Implied Warranty of
Habitability and Constitute a Public Nuisance
52. Numerous units within the Complex have long faced serious rodent and pest
53. The situation has received substantial coverage in local media outlets and has
54. Both the Housing Authority and McCormack Baron have had notice of these issues
for months.
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55. These conditions violate the implied warranty of habitability, breach the standard-
56. Defendants have failed to remedy these issues despite notice of the relevant facts.
Consumer #1
57. Consumer #1 resides at 1110 Dillon Drive, which is part of the Complex.
58. The Housing Authority owns 1110 Dillon, and McCormack Baron operates,
59. Consumer #1 has entered into a lease agreement with the Housing Authority that is
61. Consumer #1 has experienced serious and persistent rodent and cockroach
infestations.
62. Roaches are present throughout much of Consumer #1’s home, with numerous
64. For example, the image below reflects roach feces and a roach on the door frame
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65. Similarly, the image below reflects roach feces, other residue, and several roaches
66. The image below reflects a number of roaches scrambling across a door in
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68. Consumer #1 regularly sees mice in her home, and mouse feces is regularly found
69. For example, the image below reflects mouse feces in the room of one of her
children:
70. Similarly, the image below reflects mouse feces on the shelf of one of Consumer
#1’s closets:
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71. Consumer #1 has repeatedly notified McCormack Baron and the Housing Authority
72. Defendants have failed to remedy the mouse and cockroach infestations in
73. Consumer #1 has also experienced substantial mold growth in her home, in large
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74. For example, the image below reflects water damage and mold accumulation due
75. The image below reflects extensive black mold growth in the laundry room of
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76. An unabated water leak in Consumer #1’s laundry room has caused extensive water
77. The image below reflects water damage and rotting of the doorframe and door as a
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78. The image below reflects water damage to a wall as a result of that leak:
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79. Consumer #1 reported that on multiple occasions, dead birds have been found in
her dryer exhaust—presumably because there is no screen or other barrier between the exhaust
80. Consumer #1 has repeatedly notified McCormack Baron and the Housing Authority
81. Defendants have failed to remedy the mold and water issues in Consumer #1’s
home.
82. On or about October 27, 2017, the Housing Authority was cited by the St. Louis
Department of Health for municipal code violations at 1110 Dillon due to mice infestation.
83. Attached as Exhibit 3 is a true and accurate copy of the Notice of Violation relating
84. As described above, the conditions giving rise to the municipal code violation
continue unabated.
Consumer #2
85. Consumer #2 resides at 1108 Dillion Drive, which is part of the Complex.
86. The Housing Authority owns 1108 Dillon, and McCormack Baron operates,
87. Consumer #2 has entered into a lease agreement with the Housing Authority that is
her home.
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90. Consumer #2 regularly sees mice in her home, and mouse feces is regularly found
91. For example, the image below reflects mouse feces found in a utility closet in
92. The image below reflects mouse feces found in Consumer #2’s kitchen:
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93. The image below reflects mouse feces found in Consumer #2’s master bedroom,
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94. The image below also reflects mouse feces found in Consumer #2’s master
bedroom:
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95. Mice enter Consumer #2’s home through several locations.
96. As reflected in the image below, there is a substantial gap between the bottom of
the back door and the threshold, providing easy access to Consumer #2’s apartment for mice and
other pests:
97. As reflected in the image below, there is a substantial gap between the window air-
conditioning unit and the wall, providing easy access to Consumer #2’s apartment for mice and
other pests:
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98. As reflected in the image below, a gaping hole in the wall near the front door of
Consumer #2’s apartment provides easy access to the apartment for mice and other pests:
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99. As reflected in the image below, yet another hole in the wall near the front door of
Consumer #2’s apartment provides easy access to the apartment for mice and other pests:
100. Consumer #2 has also experienced rodents entering her apartment through the floor
vents.
101. In an effort to prevent mice from entering her home through the floor vents,
Consumer #2 has been forced to stuff towels or clothes in the floor vents, as reflected in the image
below:
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102. Consumer #2 has repeatedly notified McCormack Baron and the Housing Authority
103. Defendants have failed to remedy the mouse infestation in Consumer #2’s home.
104. On or about October 13, 2017, the Housing Authority was cited by the St. Louis
Department of Health for municipal code violations at 1108 Dillon due to mice infestation.
105. Attached as Exhibit 4 is a true and accurate copy of the Notice of Violation relating
106. As described above, the conditions giving rise to the municipal code violation
continue unabated.
Consumer #3
107. Consumer #3 resides at 1535 Castle Lane, which is part of the Complex.
108. The Housing Authority owns 1535 Castle, and McCormack Baron operates,
109. Consumer #3 has entered into a lease agreement with the Housing Authority that is
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110. Consumer #3 resides with four children under the age of 13, including twins under
111. Consumer #3 has experienced substantial black mold growth within her home.
112. For example, the image below reflects serious black mold growth on the doorframe
113. The image below reflects serious black mold growth on the floor boards of one of
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114. Consumer #3 has repeatedly notified McCormack Baron and the Housing Authority
remedy the mold growth in her home because her “twins keep getting sick.”
116. Defendants have failed to remedy the substantial black mold accumulation in
118. Consumer #3 regularly sees mice in her home, and mouse feces is regularly found
119. For example, the image below reflects mouse feces near the window air-
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120. A doctor for Consumer #3’s twins, who are under the age of one, indicated that they
“are at increased risk for developing allergies, nausea, and vomiting from all the mice urine and
feces depositing on the carpeting [of Consumer #3’s home]. They should not be staying in that
121. Consumer #3 has repeatedly notified McCormack Baron and the Housing Authority
122. Defendants have failed to remedy the mouse infestation in Consumer #3’s home.
Consumer #4
123. Consumer #4 resides at 1531 Castle Lane, which is part of the Complex.
124. The Housing Authority owns 1531 Castle, and McCormack Baron operates,
125. Consumer #4 has entered into a lease agreement with the Housing Authority that is
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127. Consumer #4 has experienced serious and persistent rodent-infestation problems in
her home.
128. Consumer #4 regularly sees mice in her home, and mouse feces is regularly found
129. For example, the image below reflects mouse feces in Consumer #4’s kitchen:
130. Consumer #4 has repeatedly notified McCormack Baron and the Housing Authority
131. Defendants have failed to remedy the mouse infestation in Consumer #4’s home.
132. Consumer #4 has experienced substantial mold growth within her home, due in part
133. For example, the image below reflects substantial mold growth and water damage
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134. Consumer #4 has repeatedly notified McCormack Baron and the Housing Authority
135. Defendants have failed to remedy the mold accumulation and water leakages in
136. Consumer #4 has also experienced substantial bed-bug problems in her home.
137. Consumer #4 has repeatedly notified McCormack Baron and the Housing Authority
138. Defendants have failed to remedy the bed-bug infestation in Consumer #4’s home.
139. On or about October 30, 2017, the Housing Authority was cited by the St. Louis
Department of Health for municipal code violations at 1531 Castle due to mice infestation.
140. Attached as Exhibit 5 is a true and accurate copy of the Notice of Violation relating
141. As described above, the conditions giving rise to the municipal code violation
continue unabated.
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Consumer #5
142. Consumer #5 currently leases 1123 S. 14th Street, which is part of the Complex.
143. The Housing Authority owns 1123 S. 14th Street, and McCormack Baron operates,
144. Consumer #5 has entered into a lease agreement with the Housing Authority that is
145. Consumer #5 is currently pregnant, and she also lives with her three minor children.
147. However, the conditions at her home became so intolerable, especially in light of
her pregnancy, that she was forced to leave her home and move in with family.
148. On the day that she decided to vacate her apartment, Consumer #5 saw five mice
home.
150. Consumer #5 regularly saw mice in her home, and mouse feces was regularly found
151. The image below reflects a gaping hole in the wall of Consumer #5’s kitchen,
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152. The image below reflects a mouse tunnel in the wall of one of the bedrooms in
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153. The image below reflects a mouse hole through the couch in Consumer #5’s
common area:
154. Consumer #5 repeatedly notified McCormack Baron and the Housing Authority of
155. Defendants failed to remedy the mouse infestation in Consumer #5’s home,
her home.
157. When she lived in her apartment, Consumer #5 regularly saw cockroaches
158. For example, the image below reflects a cockroach on the toilet of Consumer #5’s
bathroom:
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159. The image below reflects a substantial accumulation of roach residue on a door in
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160. Consumer #5 repeatedly notified McCormack Baron and the Housing Authority of
161. Defendants failed to remedy the roach infestation in Consumer #5’s home.
162. Consumer #5’s apartment has also sustained substantial water damage from leaking
pipes and from an explosion of the heater core of her heating unit, which in turn has contributed
163. The image below reflects water damage and black mold accumulation under the
164. Consumer #5 also indicated that the heater core of her heating unit exploded,
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165. Although Consumer #5 notified McCormack Baron and the Housing Authority of
this issue, they initially refused to send maintenance personnel to address the problem.
166. Only after Consumer #5 contacted the Fire Department about the issue did
The Problems Experienced by Consumers #1, #2, #3, #4, and #5 Are Not Isolated Incidents
But Rather Are Illustrative of Systemic Problems at the Clinton-Peabody Complex
167. On information and belief, numerous other residents of the Complex have
experienced serious rodent, pest, mold, and water intrusion issues similar to those experienced by
168. On information and belief, other residents of the Complex have provided notice to
Defendants of these serious and dangerous conditions, but Defendants have not appropriately and
169. When engaging in the acts and omissions described above, Defendants acted
wantonly, willfully, outrageously, and with reckless disregard for the consequences of their actions
170. At all relevant times, Defendants knew that the failure to maintain the Complex in
compliance with the implied warranty of habitability could pose substantial health risks to the
171. Plaintiff hereby restates and incorporates by reference the allegations set forth in
172. The Missouri Merchandising Practices Act (“MMPA”) prohibits “[t]he act, use or
employment by any person of any deception, fraud, false pretense, false promise,
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misrepresentation, unfair practice or the concealment, suppression, or omission of any material
fact in connection with the sale or advertisement of any merchandise in trade or commerce.”
§ 407.020.1, RSMo.
173. The leasing of residential property constitutes “merchandise” within the meaning
174. “Unfair practices” violating the MMPA include “any practice” that “[o]ffends any
public policy as it has been established by the . . . statutes or common law of this state” and
conduct that offends the common law of the State of Missouri and that presents a substantial risk
of harm to consumers.
176. “Unfair practices” violating the MMPA also include any practice that “[v]iolates
state . . . law intended to protect the public; and . . . [p]resents a risk of, or causes[,] substantial
conduct that violates state law intended to protect the public and presents a substantial risk of harm
to consumers.
179. “Fraud” violating the MMPA “includes any acts, omissions or artifices which
involve falsehood, deception, trickery, breach of legal or equitable duty, trust, or confidence, and
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180. “Fraud, as used in [the MMPA,] is not limited to common law fraud or deceit and
is not limited to finite rules, but extends to the infinite variations of human invention[.]” 15 CSR
60-0.040(2).
181. In its lease with residents of the Complex, the Defendants expressly represented
that it would “maintain the dwelling unit[s] and the [Complex] in decent, safe and sanitary
condition”; “comply with the requirements of applicable building codes, housing codes, and HUD
regulations materially affecting health and safety”; and “make necessary repairs to the dwelling
unit.”
183. Moreover, by entering into lease agreement with Complex residents, by operation
of Missouri law, Defendants represented and committed to those residents that they would
186. Defendants have engaged in unfair, deceptive, and fraudulent practices in violation
of the MMPA.
187. When engaging in the conduct described herein, Defendants acted wantonly,
willfully, outrageously, and with reckless disregard for the consequences of their actions.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of
Plaintiff awarding the State (a) an injunction requiring Defendants to repair and remediate the
conditions in the Complex to comply with the implied warranty of habitability, the standard-form
lease, and all applicable building, health, and other municipal codes; (b) restitution of rent
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payments made in connection with apartments that did not satisfy the implied warranty of
habitability; (c) disgorgement of all monies paid to McCormack Baron in connection with any unit
at the Complex during all time periods in which that unit did not satisfy the implied warranty of
habitability; (d) all civil penalties authorized by law, including by § 407.100.6, RSMo; (e) punitive
damages; (f) costs of the investigation and prosecution of this matter pursuant to § 407.130, RSMo,
and any other costs, fees, and expenses available under applicable law; and (g) such further relief
188. Plaintiff hereby restates and incorporates by reference the allegations set forth in
general public.” City of St. Louis v. Varahi, Inc., 39 S.W.3d 531, 536 (Mo. App. E.D. 2001)
(quotation omitted).
190. Rights common to the public include “the public health, the public safety, the public
peace, the public comfort [and] the public convenience.” Id. (quotation omitted).
191. The conditions at the Complex pose a substantial and unreasonable threat to the
192. Therefore, Defendants are currently maintaining the Complex as a public nuisance.
WHEREFORE, Plaintiff respectfully requests that the Court enter an injunction ordering
Defendants to abate all conditions at the Complex that threaten the public health, public safety,
public peace, public comfort, and/or public convenience; and for such further relief as the Court
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COUNT III – CIVIL CONSPIRACY
AGAINST ALL DEFENDANTS
193. Plaintiff hereby restates and incorporates by reference the allegations set forth in
194. McCormack Baron and the Housing Authority have entered into an express
contractual agreement regarding the maintenance, upkeep, and management of the Complex.
195. On information and belief, McCormack Baron and the Housing Authority have
communicated regarding the conditions of the Complex, including issues relating to rodent and
196. McCormack Baron and the Housing Authority have reached one or more
agreements regarding whether to conduct maintenance necessary to abate the rodent and pest
197. The course of action agreed to by McCormack Baron and the Housing Authority
has resulted in systematic breaches of the implied warranty of habitability, systematic breaches of
the standard-form lease, and the creation of a public nuisance in the Complex.
198. Both McCormack Baron and the Housing Authority have engaged in acts and
199. Defendants’ acts and omissions in furtherance of their agreement has caused
violations of the MMPA, the creation of a public nuisance, and serious harms on the residents of
the Complex.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of
Plaintiff awarding the State (a) an injunction ordering Defendants to repair and remediate the
conditions in the Complex to comply with the standard-form lease, the implied warranty of
habitability, and all applicable building, health, and other municipal codes, and to abate all
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conditions at the Complex that threaten the public health, public safety, public peace, public
comfort, and/or public convenience; (b) restitution of rent payments made in connection with
apartments that did not satisfy the implied warranty of habitability; (c) disgorgement of all monies
paid to McCormack Baron in connection with any unit at the Complex during all time periods in
which that unit did not satisfy the implied warranty of habitability; (d) all civil penalties authorized
by law, including by § 407.100.6, RSMo; (e) punitive damages; (f) costs of the investigation and
prosecution of this matter pursuant to § 407.130, RSMo, and any other costs, fees, and expenses
available under applicable law; and (g) such further relief as the Court deems just and appropriate.
Respectfully submitted,
JOSHUA D. HAWLEY
MISSOURI ATTORNEY GENERAL
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