McMahan v. Hunsinger

DAVIS, Commissioner.

The appeal involves the interpretation of a restrictive covenant in a deed. The question is whether the restriction prohibits multifamily residence construction. The Jefferson Circuit Court entered judgment in a declaratory judgment action declaring that the restriction does preclude the construction of multifamily buildings. Appellant challenges the declaration of rights as being contrary to the law applicable to the situation.

Appellee Hunsinger owned a tract of about 35 acres of unimproved land on Hikes Lane in Jefferson County. On December 30, 1954, appellee conveyed 25…