Sugar Creek Homes Ass'n v. Berry

COLEMAN, Chief Justice.

This is an appeal from a summary judgment entered in a suit brought for the purpose of enforcing building set-back lines established for a residential subdivision. The appellant, Sugar Creek Homes Association (Sugar Creek), as the representative of the owners of lots in the Sugar Creek subdivision, sought a mandatory injunction to require appellee, Lavinia B. Berry (Berry), to remove the portion of a fence on her lot which the appellant asserts was erected in violation of the subdivision building setback line and restrictions. Berry subsequently filed a counter-claim…