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WILLIAMS v. TSIARKEZOS

272 A.2d 722 (1970)

Carl W. WILLIAMS and Katharine W. Williams, his wife, John W. Green and Betty E. Green, his wife, Nathaniel W. Shockley and Irma P. Shockley, his wife, John G. Lakatos and Stella R. Lakatos, his wife, Vincent F. Maculaitis and Helen F. Maculaitis, his wife, Charles E. Grier, Jr. and Dorothy C. Grier, his wife, Charles E. Biebel and Sarah K. Biebel, his wife, James W. Emerson and Kathryn W. Emerson, his wife, E. Wade Kling and Patricia H. Kling, his wife, and James T. Quirk and Elizabeth K. Quirk, his wife, Plaintiffs, v. John A. TSIARKEZOS and Sondra J. Tsiarkezos, his wife, and Irene Shaw, individually and/or trading as Pied Piper Day Care Center, Defendants.

Court of Chancery of Delaware, New Castle.

December 31, 1970.

Attorney(s) appearing for the Case

Robert K. Payson, of Potter, Anderson & Corroon, Wilmington, for plaintiffs.

Charles K. Keil, of Bayard, Brill & Handleman, Wilmington, for defendants.

MARVEL, Vice Chancellor:

Plaintiffs, who are owners of homes in Delpark Manor near Stanton, seek a permanent injunction against the continued operation of a child day care center carried on for profit by defendants on a lot owned by them1 located at 4704 Old Capitol Trail in such residential development, which is generally restricted to residential use by fifteen restrictive covenants which govern...

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