St. John's Evangelical Lutheran Church v. Kreider

Defendants appeal from the order of the trial court which permanently enjoins them from use of Lot 24 of a subdivision “[i]n violation of restrictive covenants” and for “traffic purposes.”

Defendants proposed to build a church for a congregation of some 130 persons. The total area of Lot 24 approximates 32,000 square feet. The church will occupy 3,200 square feet, approximately 20,000 would be paved as streets and parking area. Open space would approximate 8,800 square feet. The subdivision as platted in 1916, was outside of the city limits. No zoning provisions are at issue. Deeds from the…