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EDGEMOOR TERRACE CIVIC ASS'N v. SPINNING WHEEL INN

256 A.2d 284 (1969)

EDGEMOOR TERRACE CIVIC ASSOCIATION, a corporation of the State of Delaware, Plaintiff, v. The SPINNING WHEEL INN, INC., a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

July 3, 1969.

Attorney(s) appearing for the Case

Charles K. Keil, of Bayard, Brill & Handelman, Wilmington, for plaintiff.

Lawrence M. Sullivan, of Sullivan, Potter & Roeberg, Wilmington, for defendant.

MARVEL, Vice Chancellor:

In 1948, plaintiff, as defendant concedes, succeeded to an alleged right to enforce certain restrictive covenants imposed in 1939 on a part of a residential developmen known as Edgemoor Terrace as well as on certain business lots located on both sides of Governor Printz Boulevard, a highway which borders Edgemoor Terrace. Plaintiff now seeks a permanent injunction against the carrying on by defendant of a restaurant business located on one...

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