LUNNEMANN v. HLAVATY

No. 48427.

684 S.W.2d 948 (1985)

Henry LUNNEMANN, James Spencer, and Anton Niemeyer, Trustees for St. Louis Hills Estate No. 2, Appellants, v. Karl and Donna HLAVATY, Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

January 22, 1985.


Attorney(s) appearing for the Case

Stephen H. Gilmore, St. Louis, for appellants.

William F. James, St. Louis, for respondents.


CLEMENS, Senior Judge.

Suit in equity to restrain construction of a fence.

Plaintiff subdivision trustees sought to restrain defendant home owners from building a five foot high ornamental fence around the back yard of their homesite, built to keep in their dog. Plaintiffs contended this violated a building restriction. The trial court denied the injunction and trustees appeal.

The facts are uncontroverted. Defendants described their building plans...

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