Fortner v. Gulf Refining Co.

MONTGOMERY, Judge.

A. B. Fortner, Jr., and his wife seek a declaration that certain deed restrictions are unenforceable. They appeal from the judgment upholding the restrictions.

Appellants own a lot at the northeast corner of Third and Fairmont Streets in Louisville. They have contracted to sell the lot to Gulf Refining Company in the event the restrictions are removed. The refining company seeks the same relief sought by appellants. The action is resisted by owners of nearby residential property.

The property in question is a part of a subdivision originally known as Wilder Park. It was…