ELLIS v. GEORGE RYAN CO., INC.

No. 1-381A70.

424 N.E.2d 125 (1981)

John H. ELLIS, Jr., Lois J. Ellis, Jerry D. Burdette, Anna M. Burdette, James E. Luttrell, Edith L. Luttrell, Cleo Dennis, Maxine Dennis, Michael G. Kormelink, Carolyn S. Kormelink, Robert L. Burgdorf, Rose B. Winstead Massingham, Raymond G. Massingham, Kenneth B. Leimgruber, Dorothy A. Leimgruber, Albert R. Nevill, Janice L. Nevill, Eugene O. Gross, Wilma J. Gross, Anna F. Lipper, Helen C. Brothers, Defendants-Appellants, v. GEORGE RYAN COMPANY, Inc., Edward W. Pfeffer and Charlene R. Pfeffer, Plaintiffs-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied September 3, 1981.


Attorney(s) appearing for the Case

Jack N. Vanstone, Vanstone & Krochta, Evansville, for defendants-appellants.

Edward W. Johnson, Johnson, Carroll & Griffith, Evansville, for plaintiffs-appellees.


ROBERTSON, Judge.

John H. Ellis, Jr. (Ellis) and other property owners, who were successors in interest to a restrictive covenant, appeal the judgment rendered in favor of the George Ryan Company, Inc., (Ryan). The trial court held that the covenant was void as a matter of law because it was not signed by all of the property owners and that there had been a waiver or acquiescence of the enforcement of the restrictions.

We affirm.

Ryan sought a declaratory...

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