Devendorf v. Akbar Petroleum Corp.

Baird, Judge.

This cause came before the court upon the appeal of David S. and Joan Devendorf from the portion of the trial court’s order refusing to enjoin the use of an area which included five lots subject to restrictive covenants for the purpose of establishing the minimum acreage requirements for oil well drilling.

David and Joan Devendorf own a tract of land situated in Lot 54 of Bath Township. Their land is part of a forty-acre unplatted residential tract which was originally conveyed as a single parcel in a 1949 deed. This deed contained the following language:

“ * * * [A]s a part of the…