OSBORNE v. HEWITT


335 S.W.2d 922 (1960)

L. L. OSBORNE and His Wife, Anliza Osborne, Appellants, v. Aubrey HEWITT and His Wife, Jean Hewitt, et al., Appellees.

Court of Appeals of Kentucky.

May 27, 1960.


Attorney(s) appearing for the Case

Marshall Funk, Bowling Green, for appellants.

No appearance for appellees.


CULLEN, Commissioner.

The question presented is whether there has been such a change in the character of the neighborhood of a particular tract of land platted as a residential subdivision as to warrant nullification of restrictive covenants against commercial use. The lower court answered the question in the negative.

The appellants, L. L. Osborne and wife, own five vacant lots in Block A of the Fairview Heights Subdivision, near the city of Bowling Green...

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