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BATINICH v. HARVEY

No. 48586.

277 N.W.2d 355 (1979)

In the Matter of the Application of Mitchell BATINICH and Janis E. Batinich, his Wife to Alter Certain of the Restrictions in the Recorded Plat of the First Division, Eastview Addition to Eveleth and to Modify Dedicated Utility Easements, Respondents, v. Richard HARVEY, et al., objectors, Appellants.

Supreme Court of Minnesota.

March 9, 1979.

Attorney(s) appearing for the Case

Greenberg, Bloomquist & Colosimo, Virginia, for appellants.

Patrick D. O'Brien, Cotton, for respondents.

Heard before KELLY, YETKA, and WAHL, JJ., and considered and decided by the court en banc.

YETKA, Justice.

This is an appeal by Richard and Nancy Harvey and Edward and Frances Kirby from an order of St. Louis County District Court, filed January 6, 1978, in favor of respondents Mitchell and Janis Batinich, voiding a covenant restricting use of land to residential purposes. We reverse and remand.

In 1955, the owners of certain real estate located within the city of Eveleth, St. Louis County, Minnesota...

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