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HARDESTY v. SILVER

302 S.W.2d 578 (1956)

Marlon V. HARDESTY et al., Appellants, v. John J. SILVER et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 21, 1957.

Attorney(s) appearing for the Case

Wm. S. Kammerer, Louisville, for appellants.

Lee Curd Miller, James W. Stites, John A. Fulton, Louisville, for appellees.

CULLEN, Commissioner.

The owners of Lots 1, 2 and 3 in Block 8 of the Shawnee Park Subdivision in Louisville brought action against the owners of the other lots in the subdivision, seeking a judgment cancelling the restrictive covenants against business development of Lots 2 and 3 of Block 8, contained in all of the subdivision deeds. The circuit court denied the relief sought, and the plaintiffs have appealed.

The subdivision was laid out in 1905. It consists...

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