Fiore v. Hilliker

DAVIS, CHARLES A., Senior Judge.

Louis A. Fiore and his wife, Jean H. Fiore, challenge the declaratory decree entered by the trial court in favor of Richard 0. Hilliker subsequent to the trial court’s granting of Hilliker’s motion for summary judgment. The resulting final judgment determined that Hilliker’s property was no longer subject to certain deed restrictions of record. We reverse.

Prior to 1985, the properties now owned by the Fiores and Hilliker were both owned by James D. Spivey. In addition to these two parcels, Spivey owned a large tract of adjacent land. This adjacent property was…