WOODSTREAM DEV. CO. v. PAYAK

No. L-93-178.

93 Ohio App.3d 25 (1994)

WOODSTREAM DEVELOPMENT COMPANY, Appellee, v. PAYAK, Appellant.

Court of Appeals of Ohio, Lucas County.

Decided February 4, 1994.


Attorney(s) appearing for the Case

Steven Papadimos, for appellee.

Kevin Kennedy, for appellant.


Per Curiam.

This is an accelerated appeal from an order of the Lucas County Court of Common Pleas, which granted summary judgment to a developer in its lawsuit to enforce a restrictive covenant.

In 1992, appellant, John Payak III, purchased a home in a subdivision developed by appellee, Woodstream Development Company. Appellant's property was subject to a restrictive covenant, which provided, in pertinent part:

"* * * no pole, or overhead or...

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