BERGER v. VAN SWERINGEN CO.

No. 39180.

6 Ohio St. 2d 100 (1966)

BERGER ET AL., APPELLEES, v. THE VAN SWERINGEN CO. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 20, 1966.


Attorney(s) appearing for the Case

Messrs. Walter & Haverfield and Mr. Jules Eshner, for appellees.

Messrs. Metzenbaum, Gaines, Schwartz, Krupansky, Finley & Stern, Mr. Roland A. Baskin and Mr. Samuel T. Gaines, for appellants.


O'NEILL, J.

The first question to be determined is whether plaintiffs are entitled to enforce the restrictive covenants covering defendants' land against the defendants.

It is defendants' contention that only owners of property within a subdivision or allotment may enforce such covenants against other owners within the same subdivision or allotment, and that, since defendants' land has never been subdivided, plaintiffs are not within the same subdivision and...

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