Freeburg v. Backs, Jr.

OPINION

By HAMILTON, J.

Appellants commenced an action in the Court of Common Pleas of Hamilton County, Ohio, on behalf of themselves and sixty-four other owners of lots, located in what is known as Ryland Realty Subdivision, adjoining Bond Hill, in Cincinnati, Ohio, seeking to enjoin the construction of a four family apartment building on parts erf. lots 54 and 55 in said subdivision.

The claim is that the planner of said subdivision placed a general restriction as tc the character of residence buildings which might be erected on the lots in the subdivision, and the restriction was carried into…