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SCHARTZ v. D R B & M REAL ESTATE PARTNERSHIP

No. 51,339

5 Kan. App. 2d 625 (1981)

621 P.2d 1024

WADE SCHARTZ, THON P. SCHARTZ, WILLIAM E. ESFELD and EDNA SCHARTZ, Appellees, v. D R B & M REAL ESTATE PARTNERSHIP and TACO TICO, INC., A Corporation, Appellants.

Court of Appeals of Kansas.

Petition for review denied April 29, 1981.

Attorney(s) appearing for the Case

M. John Carpenter, of Great Bend, for appellants.

Jerry M. Ward, of Ward & Berscheidt, of Great Bend, for appellees.

Before FOTH, C.J., MEYER, J., and MILLER, District Judge Retired.

MEYER, J.:

This is an appeal from an injunction ordered for violation of restrictive covenants of record.

D R B & M Real Estate Partnership purchased a tract of land from William Esfeld, one of the appellees herein, on December 11, 1975, for the purpose of erecting a Taco Tico store. After completion, appellants were notified that the building encroached 24 feet into an area restricted by a setback requirement contained in a covenant of record. A mandatory...

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