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TALL TIMBERS OWNERS' ASS'N v. MERRITT

No. 10307.

376 So.2d 586 (1979)

TALL TIMBERS OWNERS' ASSOCIATION v. Mrs. Beulah Bertel, Wife of/and Thomas B. MERRITT.

Court of Appeal of Louisiana, Fourth Circuit.

October 10, 1979.

Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Robert B. Bieck, Jr., Roy C. Cheatwood, New Orleans, for plaintiff-appellant.

Terriberry, Carroll, Yancey & Farrell, G. Edward Merritt, New Orleans, for defendants-appellees.

Sessions, Fishman, Rosenson, Snellings & Boisfontaine, Leonard H. Rosenson, Peter S. Title, New Orleans, Foster & DeSalvo, F. L. DeSalvo, Gretna, Hammett, Leake, Hammett, Hulse & Nelson, Craig R. Nelson, New Orleans, amicus curiae in behalf of appellant, Tall Timbers Owners' Assn.

Before STOULIG, SCHOTT and BEER, JJ.

BEER, Judge.

On February 16, 1973, Tall Timbers Owners' Association sued Mr. and Mrs. Merritt to enforce an alleged restrictive covenant assessing annual maintenance charges against their property in Tall Timbers Subdivision. The recorded act of sale by which the Merritts acquired the property (on July 28, 1969), provides:

"This sale is made and accepted subject to the following: 1. The restrictive covenants established by act before C. A. Cutrone, N.P.,...

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