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KESSLER v. STOUGH

77-388.

361 So.2d 1048 (1978)

Daniel and Margaret KESSLER v. Furman C. STOUGH et al.

Supreme Court of Alabama.

August 25, 1978.

Attorney(s) appearing for the Case

Jasper P. Juliano of McDaniel, Hall, Parsons & Conerly, Birmingham, for appellants.

Conrad M. Fowler, Jr., of Wallace, Ellis, Head & Fowler, Columbiana, for appellees.

TORBERT, Chief Justice.

Appellants Daniel and Margaret Kessler own property in Indian Springs Ranch Subdivision, Shelby County, Alabama. All tracts of land in this subdivision are subject to the following recorded restriction:

"1. That said property shall be used for residence purposes only and not for any purpose of business or trade."

Since December 24, 1976 church services and other religious activities have been regularly conducted by appellees...

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