Black v. Birner

OPINION VACATING

HUDDLESTON, Senior Judge (Assigned).

Thomas and Evelyn Black appeal from a Trigg Circuit Court summary judgment and an order granting injunctive relief to Donald K. Birner. Birner sued the Blacks claiming that a building they had constructed on their property in a subdivision in Cadiz violated various restrictive covenants. The circuit court agreed with Bir-ner, granted his motion for summary judgment and ordered that the structure be removed. On the Blacks’ motion, the court suspended injunctive relief pending the outcome of this appeal.

The question presented is whether…