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ANDREWS v. McCAFFERTY

275 A.2d 571 (1971)

Emmett M. ANDREWS, Jr., et al., Plaintiffs, v. Edward J. McCAFFERTY and Mary A. McCafferty, his wife, Defendants.

Court of Chancery of Delaware, New Castle.

March 4, 1971.

Attorney(s) appearing for the Case

Walter L. Pepperman, II, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiffs.

Joseph J. Longobardi, Jr., of Longobardi & Schwartz, Wilmington, for defendants.

DUFFY, Chancellor:

This action involves a dispute among property owners in a suburban development known as Shipley Heights. Plaintiffs seek a permanent injunction which will prevent defendants from keeping, breeding or raising pigeons on their property. The complaint alleges that such activity violates the following restrictions which bind all lots in Shipley Heights:

"1. All lots within said metes and bounds as shown on the aforesaid Plan [of Shipley Heights...

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