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BAVE v. S & S BUILDERS

Civ. A. 624.

134 A.2d 709 (1957)

William H. BAVE and Marian 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. S & S BUILDERS, Inc., a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

September 26, 1957.

Attorney(s) appearing for the Case

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

Rodney M. Layton of Richards, Layton & Finger, Wilmington, for defendant.

SEITZ, Chancellor.

Plaintiffs brought this action originally against J. LaPenne Guenveur, the owner of a lot in the development known as Westover Hills. Plaintiffs sought to restrain the defendant from building a public road across his lot. Such road was to be used to service an area back of Westover Hills which was to be developed for residential purposes. This court held that the so-called Westover Hills restrictions did not prevent the defendant from building a...

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