Miller v. Bolyard

Sue Proctor Miller, Curtis Atkinson and Kathryn Atkinson appeal a decision by the Circuit Court of Jackson County refusing to enforce building and use restrictions Upon the real estate of their neighbors, Melvin D. Bolyard and Martha Frances Bol-yard. The circuit court held either that the restrictive covenants for First Miller Addition, the subdivision where the parties live, were too vague to be enforceable, or that no violation of the covenants had occurred or, if a violation had occurred, that Mr. and Mrs. Atkinson had waived the covenants. Because the evidence shows that the covenants…