Legal Opinion
Osborne v. Hewitt
Court of Appeals of Kentucky (pre-1976)
Decided May 27, 1960PublishedCited by 4 opinions
1Opinion of the Court
CULLEN, Commissioner.
The question presented is whether there has been such a change in the character of the neighborhood of a particular tract of land platted as a residential subdivision as to warrant nullification of restrictive covenants against commercial use. The lower court answered the question in the negative.
The appellants, L. L. Osborne and wife, own five vacant lots in Block A of the Fairview Heights Subdivision, near the city of Bowling Green. In this block there are two sets of thirteen 50-foot lots, running from north to south, one set facing Grider Street on the west and the…
2Cases cited5 opinions
- Parrish v. NewburyCourt of Appeals of Kentucky (pre-1976) · 1955
- Franklin v. MoatsCourt of Appeals of Kentucky (pre-1976) · 1954
- Hardesty v. SilverCourt of Appeals of Kentucky · 1956
- Cochran v. LongCourt of Appeals of Kentucky (pre-1976) · 1956
- Smith v. TygrettCourt of Appeals of Kentucky · 1956
3Cited by4 opinions
- Burnett v. HeckelmanIndiana Court of Appeals · 1983
- Beatty v. John C. Clark, Inc.District Court, Virgin Islands · 1975
- Elliott v. Jefferson County Fiscal CourtKentucky Supreme Court · 1983
- Wilson v. HaneyCourt of Appeals of Kentucky · 2014