Leffen v. Hurlbut-Glover Mortuary, Inc.

LOZIER, C.

This is an action to restrain the operation and maintenance of a funeral home in the City of Joplin. The theory of plaintiffs-appellants (herein called plaintiffs), home-owning residents of the particular district or area, was that defendant’s maintenance and operation of the funeral home constituted a nuisance. Plaintiffs did not ask for damages. Plaintiffs have appealed from an order denying the injunction and dismissing their petition.

There are no estoppel or laches issues. Restrictive covenants are not involved. See 14 Am. Jur., Covenants, Conditions and Restrictions, Sec. 261,…