JOHNSON v. PATTISON

No. 54140.

185 N.W.2d 790 (1971)

A. J. JOHNSON, Appellee and Cross Appellant, v. Bernard PATTISON, John Pattison and James Pattison, Appellants and Cross Appellees.

Supreme Court of Iowa.

Rehearing Denied June 21, 1971.


Attorney(s) appearing for the Case

Miller, Pearson & Gloe, Decorah, for appellants and cross-appellees.

D. C. Nolan and Edward W. Lucas, Iowa City, for appellees and cross-appellants.


LeGRAND, Justice.

This is an action in equity asking both an injunction and damages for alleged violation of a restrictive covenant. The same relief is also sought on the ground the use of the property constitutes a nuisance.

The trial court granted the injunction as to part of the property; refused it as to the remainder; held the claim of nuisance was premature; and rejected the claim for damages.

Both plaintiff and defendants appeal. Defendants...

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