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SUMME & RATERMANN COMPANY v. CITY OF COVINGTON

314 S.W.2d 568 (1958)

SUMME & RATERMANN COMPANY, a Kentucky Corporation, Appellant, v. CITY OF COVINGTON, a Municipal Corporation, et al., Appellees.

Court of Appeals of Kentucky.

May 23, 1958.

Attorney(s) appearing for the Case

John J. O'Hara, James A. Dressman, James A. Dressman, Jr., Covington, for appellant.

Ralph P. Rich, Jack Howell, Covington, for appellees.

CLAY, Commissioner.

This suit was brought by plaintiff appellant for a declaration of rights and to enjoin the City of Covington and its officers from enforcing a zoning ordinance. An adjoining property owner was permitted to file an "intervening complaint" alleging the condition of plaintiff's premises constituted a nuisance.

The Chancellor (1) denied the injunction against the city asked by the plaintiff, (2) declared the condition of plaintiff's premises...

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