BAVE v. GUENVEUR


125 A.2d 256 (1956)

William H. BAVE and Mariana M. Bave, his wife, Clinton F. Miller and Elizabeth H. Miller, his wife, Willard R. Yarnall and Dorothy W. Yarnall, his wife, Franklin A. Behling and Marjorie F. Behling, his wife, Harry G. Bimmerman and Marian L. Bimmerman, his wife, John F. Broeker and Jean W. Broeker, his wife, Plaintiffs, v. J. LaPenne GUENVEUR, Defendant.

Court of Chancery of Delaware, New Castle.

September 14, 1956.


Attorney(s) appearing for the Case

Clement C. Wood (of Allmond & Wood), Wilmington, for plaintiffs.

Rodney Layton (of Richards, Layton & Finger), Wilmington, for defendant.


SEITZ, Chancellor.

Plaintiffs, lot owners in a development known as Westover Hills, seek to have defendant restrained from putting a public road through his lot which faces on Greenwood Road on the ground that such a use would violate restrictions allegedly applicable to his property. Defendant has moved for a summary judgment dismissing the action on the ground that such restrictions are inapplicable. This is the decision on the motion.

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