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BERES v. HOPE HOMES, INC.

No. 10658.

6 Ohio App. 3d 71 (1982)

BERES ET AL., APPELLANTS, v. HOPE HOMES, INC. ET AL., APPELLEES.

Court of Appeals of Ohio, Summit County.

Decided December 15, 1982.

Attorney(s) appearing for the Case

Mr. Warren W. Gibson and Mr. Michael J. Moran, for appellants.

Mr. Ronald O. Kaffen and Mr. Lee C. Davies, for appellee Hope Homes, Inc.

Mr. Frederick Lawrence, for appellee city of Tallmadge.

O'NEILL, J.

In April 1946, an allotment known as the Hilltop Acres Allotment was recorded with the offices of the Summit County Recorder. The plat contained certain restrictions concerning the lots located within the allotment. Those restrictions, in pertinent part, provided as follows:

"No business, commercial, sales, manufacturing or otherwise shall be conducted upon any lot. The premises shall be used for private residence purposes only, and only single...

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