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Legal Opinion

Kessler v. Stough

Supreme Court of Alabama

Decided August 25, 1978No. 77-388PublishedCited by 12 opinions

1Opinion of the Court

Appellants Daniel and Margaret Kessler own property in Indian Springs Ranch Subdivision, Shelby County, Alabama. All tracts of land in this subdivision are subject to the following recorded restriction:

"1. That said property shall be used for residence purposes only and not for any purpose of business or trade."

Since December 24, 1976 church services and other religious activities have been regularly conducted by appellees Furman C. Stough and others in a house situated on a lot in Indian Springs Ranch Subdivision. The property is owned by appellee Protestant Episcopal Church as Trustee for…

2Cases cited17 opinions

  1. Bear v. BernsteinSupreme Court of Alabama · 1948
  2. Springdale Gayfer's Store Co. v. DH Holmes Co., Ltd.Supreme Court of Alabama · 1967
  3. Smith v. BrownSupreme Court of Alabama · 1968
  4. Reetz v. EllisSupreme Court of Alabama · 1966
  5. Laney v. EarlySupreme Court of Alabama · 1974

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3Cited by12 opinions

  1. Stiles v. BrownSupreme Court of Alabama · 1980
  2. Brooks v. Resolution Trust Corp.Supreme Court of Alabama · 1992
  3. Hurt v. GivenSupreme Court of Alabama · 1983
  4. Samford v. First Alabama Bank of MontgomerySupreme Court of Alabama · 1983
  5. Boyle v. Lake Forest Property Owners Ass'nDistrict Court, S.D. Alabama · 1982

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

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