MULBERRY ASS'N, INC. v. RICHARDS

No. 9717.

369 So.2d 185 (1979)

MULBERRY ASSOCIATION, INC. and Rader Jackson v. Ernest V. RICHARDS, IV, Ernest V. Richards, III, et als.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 16, 1979.

Writ Refused June 11, 1979.


Attorney(s) appearing for the Case

Buchler, Morel & Hanewinckel, Harold A. Buchler, Jr., Metairie, Shushan, Meyer, Jackson & McPherson, Rader Jackson, New Orleans, for plaintiffs/appellants.

Windmeyer & Dinwiddie, Bruce W. Dinwiddie, New Orleans, for defendant/appellee.

Before SAMUEL, REDMANN, GULOTTA, STOULIG and SCHOTT, JJ.


GULOTTA, Judge.

The central issue with which we are confronted is whether use of a residence for a "law office" violates a restrictive covenant which states that "the use of said property shall be limited to residential purposes." The trial judge concluded that such use is not violative of the restriction. We disagree. Accordingly, we reverse.

The matter was submitted on a stipulation of facts. One of the stipulations is that "defendant engages in the practice...

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