Pellegrini v. Fournie

CLEMENS, Judge.

Plaintiffs appeal from a decree denying injunctive relief. The issue: When a restrictive covenant prohibits the erection of fences “along a lot line” should an owner be enjoined from enclosing a tennis court eleven feet inside his lot lines. We say no and affirm.

In southwest St. Louis there is a pleasant residential area known as St. Louis Hills, developed as a subdivision many years ago. The lots therein are subject to an “Indenture Agreement” providing in part that “no fence (except such ornamental fences as may be approved in writing by the Trustees) shall be erected along…