Bain v. Bain

Ronald Bain, David Brown, and Doug Brown (the “Lot Owners”) owned lots in a residential subdivision known as Aquarius Estates, located in Pulaski County. They purchased their lots from Suzan M. Bain and Donald J. Bain (the “Developers”). The Lot Owners sued in equity seeking to enjoin the Developers’ efforts to create a mobile home park on land located directly behind the Lot Owners’ property.

The matter was referred to a special commissioner who heard evidence ore tenus. The special commissioner concluded that injunctive relief should be denied because the Developers were not precluded by…