Burke v. Gardner

Appellants filed a complaint for a declaratory judgment disclosing therein that in a real estate subdivision of the City of Elkhart they owned a lot near a lot upon which appellees were about to erect a church building contrary to restrictions, applying to all lots in the subdivision, reading in part: “No building, other than for residence purposes shall be placed on property described herein. . . .” The complaint sets out a letter from appellees to appellants stating appellees’ intention to begin construction on the church May 15, 1941, and adding a request, “if you have any intention of…