Barnes v. Carroll

The opinion of the court was delivered by

O’Connor, J.:

This is an injunction action directed against violations of certain restrictive covenants pertaining to Highland Acres Addition in Sedgwick county.

Although the petition named fourteen defendant property owners in the subdivision, service was obtained on only ten of them. After a trial on the issues, the district court granted injunctive relief effective November 21, 1969, and this appeal by defendants Kennedy, Carroll and Scotts followed.

The primary question submitted to and determined by the lower court was whether appellants’ use of…