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LOTZE v. GARRENE REALTY & DEVELOPMENT COMPANY

309 S.W.2d 750 (1957)

Clarence LOTZE, Appellant, v. GARRENE REALTY & DEVELOPMENT COMPANY, Inc., and Louisville & Jefferson County Planning & Zoning Commission, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 28, 1958.

Attorney(s) appearing for the Case

Michael M. Hellmann, Stephen P. Smith, Jr., Louisville, for appellant.

Allen Schmitt, James L. Taylor, Louisville, for appellees.

CAMMACK, Judge.

This action was instituted in April, 1954, by the appellant, Clarence Lotze. He sought (1) a judgment against the appellee, Garrene Realty & Development Company, Inc., estopping and enjoining it from interfering with him and the public in general in passing over a six-inch strip of land between Plymouth Road and the appellant's land; or (2) a mandatory injunction requiring the other appellee, Louisville & Jefferson

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