City of Shelbyville v. Kilpatrick

City of Shelbyville acquired a lot in a residential subdivision thereof known as Clearview Heights Addition. Of proper public record is the plat, etc. of this sub-division. Thereon appears this provision:— “All lots in said addition are restricted to residential purposes only”. The City acquired this lot for the erection of a city water tower. Such erection would be contrary to the terms of this restriction. Being doubtful as to its right to construct this tower without liability to pay compensation to the other lot owners in the sub-division, it filed this declaratory judgment bill for the…