ELLIOTT v. JEFFERSON COUNTY FISCAL


657 S.W.2d 237 (1983)

Julian N. ELLIOTT, William P. Shuster, Lucille B. Shuster, City of Druid Hills, City of Indian Hills, and City of Rolling Fields, Movants, v. JEFFERSON COUNTY FISCAL COURT, Hon. A. Mitchell McConnell, Jr., Earl J. Hartlage, Sylvia Watson, Charles I. Horton, Frank E. Haddad, Sr., Clara G. Haddad and Lucia Rainey, Respondents.

Supreme Court of Kentucky.

September 21, 1983.


Attorney(s) appearing for the Case

Bert T. Combs, Grover C. Potts, Jr., Merrill S. Schell, Wyatt, Tarrant & Combs, Louisville, for movants.

Frank E. Haddad, Jr., John G. Carroll, James T. Carey, Louisville, for respondents.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which upheld a circuit court judgment determining that a restrictive covenant in a deed was unenforceable in limiting all lots in the subdivision to residential purposes only when changes had occurred outside the subdivision.

The issue is whether Kentucky law requires changes only inside the subdivision in order to nullify a restrictive...

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