Burns v. Wood

ON MOTION FOR REHEARING

The opinion delivered in this cause under date of January 24, 1973, is withdrawn, and the judgment entered on this date is set aside. The following opinion is substituted therefor.

This is a suit by Bobby M. Burns, petitioner here and plaintiff below, to enforce by the restraint of injunction claimed restrictive covenants, later quoted, against the erection of multi-unit apartment houses on lots owned by Edgar A. Wood, respondent here and defendant below. The right to the relief sought was essentially predicated on a recorded plat and dedication purporting to establish…