Elliott v. Jefferson County Fiscal Court

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which upheld a circuit court judgment determining that a restrictive covenant in a deed was unenforceable in limiting all lots in the subdivision to residential purposes only when changes had occurred outside the subdivision.

The issue is whether Kentucky law requires changes only inside the subdivision in order to nullify a restrictive covenant in a deed.

This Court reverses the decision of the circuit court and the opinion of the Court of Appeals because both are contrary to the existing law. The mere fact that a…