Stracener v. Bailey

OPINION

CANTRELL, Judge.

The plaintiffs, all owners of lots in the Toddington Heights Subdivision in Mur-freesboro, sued to enjoin the defendant, Richard Bailey, from developing an area referred to on various subdivision plats as a “park” or “future park”. The Circuit Court of Rutherford County issued the injunction, calling the references to the park on the plats a restriction on the use of the property. The defendant has appealed.

Prior to 1960, Mineóla W. Todd and others owned a large tract of undeveloped land in Murfreesboro. Toddington Heights, Inc. was formed to develop the land as a…