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HEADRICK v. CARTER

897 S.W.2d 256 (1995)

Dr. James R. HEADRICK, and wife, Janet L. Headrick, Plaintiffs/Appellees, v. Robert L. CARTER, Defendant/Appellant.

Supreme Court of Tennessee, at Knoxville.

April 10, 1995.

Attorney(s) appearing for the Case

James W. Gentry, Jr., Spears, Moore, Rebman & Williams, Chattanooga, for appellees.

James R. McKoon, Bob E. Lype, Baker, Donelson, Bearman & Caldwell, O. Michael Carter, Lusk, Carter & McGhehey, Chattanooga, for appellant.

OPINION

CHARLES H. O'BRIEN, Special Justice.

The original complaint in this case was filed by James Headrick and his wife on 10 October 1986 praying for a declaratory judgment declaring that defendant did not have the requisite authority to erect a fence around Lot 20 of the Waconda Point Subdivision, a community lot, and for a mandatory injunction requiring Carter to remove the fence around Lot 20 unless he obtained approval of all common tenants of the...

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