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Real Estate & Property Law

: Real Estate, Real Competition & The Law

Court denies majority of Missouri Real Estate Commission's Motion to Dismiss KCPA's complaint

By MICHAEL H. ERDMAN

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After the defendants filed their motion to dismiss over the summer, it's been pretty quiet in Kansas City Premier Apartments v. Missouri Real Estate Commission, et al. [In a nutshell, KCPA filed suit earlier this year in a Missouri state court, seeking a declaration that MREC cannot require KCPA - which operates a website that displays apartments available for rent - to obtain a real estate license. For more details, check out my original, first follow-up and second follow-up posts.] Not any more.

Yesterday Judge Hull denied, in part, the defendants' motion to dismiss plaintiff?s complaint. While the court did dismiss Count II (alleging due process violations), and the individual MREC commissioners and executive director (as parties), the remaining claims survived (alleged violations of applicable statutory exemptions, free speech, equal protection, and procedural failings), and MREC remains as a defendant.

This case is far from over.

Full post as published by Real Estate, Real Competition & The Law on November 27, 2007 (boomark / email).

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