Lunnemann v. Hlavaty

CLEMENS, Senior Judge.

Suit in equity to restrain construction of a fence.

Plaintiff subdivision trustees sought to restrain defendant home owners from building a five foot high ornamental fence around the back yard of their homesite, built to keep in their dog. Plaintiffs contended this violated a building restriction. The trial court denied the injunction and trustees appeal.

The facts are uncontroverted. Defendants described their building plans to their attorney and after he had considered the platted restrictions he advised them the proposed construction did not violate the restrictions.…