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CITY OF SHELBYVILLE v. KILPATRICK

322 S.W.2d 203 (1959)

CITY OF SHELBYVILLE v. Eddie R. KILPATRICK et al.

Supreme Court of Tennessee.

March 12, 1959.

Attorney(s) appearing for the Case

Bayard Tarpley, Shelbyville, for appellant.

James C. Burns, Jr., Shelbyville, for appellees.

TOMLINSON, Justice.

City of Shelbyville acquired a lot in a residential sub-division thereof known as Clearview Heights Addition. Of proper public record is the plat, etc. of this sub-division. Thereon appears this provision:— "All lots in said addition are restricted to residential purposes only". The City acquired this lot for the erection of a city water tower. Such erection would be contrary to the terms of this restriction. Being doubtful as to its right...

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