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SMITH v. TYGRETT

302 S.W.2d 604 (1956)

Cooper R. SMITH, Jr., Regent & Trustee of Ogden College, Appellant, v. C. A. TYGRETT et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 21, 1957.

Attorney(s) appearing for the Case

Bell, Orr & Reynolds, Chas. R. Bell, Bowling Green, for appellant.

G. D. Milliken, Jr., Bowling Green, for appellees.

STANLEY, Commissioner.

This is an appeal from a judgment canceling and adjudging to be ineffectual restrictions to the exclusive use for residences contained in conveyances of certain lots of a subdivision or addition to Bowling Green.

The judgment declares and rests upon a more extended opinion and finding of the chancellor "that there has been such a fundamental and substantial change in the character of the neighborhood of plaintiffs' property due to the...

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