ALBERS v. TOWNES


532 S.W.2d 443 (1975)

Henry W. ALBERS, Appellant, v. Thomas TOWNES et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 5, 1976.


Attorney(s) appearing for the Case

James F. Clay, Sr., Clay & Clay, Danville, for appellant.

Merle C. Clark, Rodes & Clark, Danville, for appellees.


JONES, Justice.

This litigation arises out of an action by Thomas Townes and others to enjoin the practice of dentistry by Dr. Henry W. Albers on the residential property owned by his wife, Jane Albers. The basis of the suit is an alleged violation of deed restrictions.

The residential properties are located in Argyll Subdivision near Danville, Kentucky. The pertinent restrictive covenants on the Albers lot as well as all other lots in Argyll are:

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