BERRY v. HEMLEPP


460 S.W.2d 352 (1970)

Helen A. BERRY, Appellant, v. Gene HEMLEPP et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 18, 1970.


Attorney(s) appearing for the Case

John M. Williams, Gray, Woods & Cooper, Ashland, for appellant.

James P. Stavros, Diederich, Hermansdorfer & Wilson, Ashland, for appellees.


CLAY, Commissioner.

This is a suit by appellees, neighboring property owners, to enjoin the operation of a child-care enterprise by appellant on her residential lot in alleged violation of deed restrictions. The Chancellor granted the injunction prayed.

The residential properties are located on Nancy Court, a subdivision street in Ashland. The pertinent restrictive covenants on the lot are:

"(1) All lots in Gartrell Realty Company subdivision, Block...

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