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Legal Opinion

Berry v. Hemlepp

Court of Appeals of Kentucky (pre-1976)

Decided December 18, 1970PublishedCited by 8 opinions

1Opinion of the Court

CLAY, Commissioner.

This is a suit by appellees, neighboring property owners, to enjoin the operation of a child-care enterprise by appellant on her residential lot in alleged violation of deed restrictions. The Chancellor granted the injunction prayed.

The residential properties are located on Nancy Court, a subdivision street in Ash-land. The pertinent restrictive covenants on the lot are:

“(1) All lots in Gartrell Realty Company subdivision, Block #30, shall he known and used as residential lots.
“(2) No structures shall be erected, altered, placed or permitted to remain on any residential…

2Cases cited10 opinions

  1. Moore v. StevensSupreme Court of Florida · 1925
  2. Holliday v. SpharCourt of Appeals of Kentucky (pre-1976) · 1935
  3. Shoaf v. BlandSupreme Court of Georgia · 1952
  4. Davis v. HintonCourt of Appeals of Texas · 1964
  5. Connor v. ClemonsCourt of Appeals of Kentucky (pre-1976) · 1948

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Residentes Parkville Sur v. Díaz LucianoSupreme Court of Puerto Rico · 2003
  2. Metzner v. WojdylaWashington Supreme Court · 1994
  3. Beverly Island Ass'n v. ZingerMichigan Court of Appeals · 1982
  4. Martellini v. Little Angels Day Care, Inc.Supreme Court of Rhode Island · 2004
  5. Hill v. LindnerNorth Dakota Supreme Court · 2009

3 more not listed; retrieve them via the Exa API.

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