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LINN VALLEY LAKES PROPERTY OWNERS ASS'N v. BROCKWAY

No. 66,154

250 Kan. 169 (1992)

824 P.2d 948

LINN VALLEY LAKES PROPERTY OWNERS ASSOCIATION, A Kansas Corporation, Appellant, v. WILBUR N. BROCKWAY and LOIS I. BROCKWAY, Appellees.

Supreme Court of Kansas.

Opinion filed January 17, 1992.

Attorney(s) appearing for the Case

J. Darcy Domoney, of Winkler, Lee, Tetwiler & Domoney, of Paola, argued the cause and was on the briefs for appellant.

John W. Cole, of Anderson, Byrd, Richeson & Flaherty, of Ottawa, argued the cause and was on the briefs for appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action to enforce a restrictive covenant prohibiting signs on the subject property both within and without any buildings thereon. The district court entered summary judgment in favor of the defendant landowners on the ground that enforcement of the covenant would be violative of the First Amendment to the United States Constitution and § 11 of the Bill of Rights of the Kansas Constitution...

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