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STRACENER v. BAILEY

737 S.W.2d 536 (1986)

John R. STRACENER, Charles D. Agnew, Arnold Flynn, John A. Kinard, Richard J. Baines, Sr., John Finley, Jerry Kulikowski, James Donaldson, Ernest Brewer, Horace Uselton, Roy W. Clark, Paul E. Ducker, W.L. Chambers, Jr., Tom Naylor, Jim Crenshaw, Joseph C. Bailey, Thomas Bryant, James T. Reece, Faye R. Johnson, Gary Johnson, and Don Rounsaville, Plaintiffs-Appellees, v. Richard BAILEY, Albert Comer d/b/a Comer Construction, and Comer Construction Company, Bob Caldwell, and Toddington Heights, Inc., Defendants-Appellants.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Rehearing Denied November 13, 1986.

Permission to Appeal Denied September 21, 1987.

Attorney(s) appearing for the Case

Dicken E. Kidwell, Murfreesboro, for plaintiffs-appellees.

Patrick J. McHale and Richard F. LaRoche, Sr., Murfreesboro, for Richard Bailey.

Permission to Appeal Denied by Supreme Court September 21, 1987.

OPINION

CANTRELL, Judge.

The plaintiffs, all owners of lots in the Toddington Heights Subdivision in Murfreesboro, sued to enjoin the defendant, Richard Bailey, from developing an area referred to on various subdivision plats as a "park" or "future park". The Circuit Court of Rutherford County issued the injunction, calling the references to the park on the plats a restriction on the...

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