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BROOKSIDE COMMUNITY, INC. v. WILLIAMS

290 A.2d 678 (1972)

BROOKSIDE COMMUNITY, INC., a Delaware corporation, Plaintiff, v. Harvey F. WILLIAMS, Defendant.

Court of Chancery of Delaware, New Castle.

April 24, 1972.

Attorney(s) appearing for the Case

Karl J. Parrish, Wilmington, for plaintiff.

Thomas Herlihy, Jr., Wilmington, for defendant.

DUFFY, Chancellor.

Brookside Community, Inc. (BCI), plaintiff, seeks a mandatory injunction compelling Harvey F. Williams, defendant, to remove a fence which allegedly violates restrictive covenants contained in his and all other deeds to properties in Brookside. This is the decision after final hearing.

A.

BCI is a Delaware corporation organized about 1953 to develop and administer the community known as Brookside which consists of 1,345 houses...

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