Robinson v. Pacemaker Investment Co.

.BALEY, Judge.

Plaintiffs make two basic contentions: (1) that the restrictive covenants applying to Robinson Heights Subdivision forbid the construction of any dwelling within 15 feet of the interior lot lines of Lots 3, 4 and 5 of Block E as shown on the original plat of the subdivision; and (2) that defendants are “attempting to violate” the restrictive covenants by petitioning authorities to permit, withdrawal of unused streets in the subdivision and by proposing to widen other streets.

Defendant Baugh has resubdivided Lots 3, 4 and 5 and one-half of Lot 6 to make new lots designated as 3A,…