Collum v. Neuhoff

*927ON MOTION FOR REHEARING

BATEMAN, Justice.

In their motion for rehearing appellants contend that there was no evidence, or in the alternative insufficient evidence to show: (1) that any other lot owner in the Addition had had a fence set-back restriction imposed upon him, or (2) that the purported restrictions in question are a part of or referable to a general plan or common scheme of development, or (3) that a general plan or common scheme of development contemplating the fence setback restriction was ever implemented. Appellants contend further that our holding is against the great weight and…