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MAULL v. COMMUNITY LIVING FOR HANDICAPPED, INC.

No. 58322.

813 S.W.2d 90 (1991)

Lester MAULL and Susan Maull, Plaintiffs-Appellants, v. COMMUNITY LIVING FOR the HANDICAPPED, INC., Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied August 8, 1991.

Application to Transfer Denied September 10, 1991.

Attorney(s) appearing for the Case

Michael H. James, Doster, Robinson & James, Chesterfield, for plaintiffs-appellants.

Rollin J. Moerschel, Thompson & Mitchell, St. Charles, for defendant-respondent.

William L. Webster, Atty. Gen., Mary S. Tansey, Asst. Atty. Gen., Joann Leykam,

Gen. Counsel, Mo. Dept. of Mental Health, Jefferson City, for amicus curiae Mo. Dept. of Mental Health.

Kenneth M. Chackes, Mo. Protection and Advocacy Services, St. Louis, for amici curiae Mo. Protection and Advocacy Services, Advisory Committee on Disability Issues to the U.S. Dept. of Housing and Urban Development and William Goble.

Ann B. Lever, Legal Services of Eastern Missouri, Inc., St. Louis, for amicus curiae William Goble.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 8, 1991.

SMITH, Presiding Judge.

Plaintiffs appeal from the trial court's denial of their request for temporary and permanent injunctions to prevent defendant from constructing and operating a residential group home for mentally retarded young adults on a parcel of land adjacent to plaintiffs' residence. Plaintiffs' petition is premised on the contention that a restrictive covenant applicable...

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