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STEWART v. JACKSON

No. 82A01-9310-CV-336.

635 N.E.2d 186 (1994)

Kenneth G. STEWART, Caron C. Stewart, Appellants-Plaintiffs, v. Leigh A. JACKSON, Rodney S. Jackson, Appellees-Defendants.

Court of Appeals of Indiana, First District.

Transfer Denied November 4, 1994.

Attorney(s) appearing for the Case

Allan G. Loosemore, Jr., Evansville, for appellants.

Jeffrey A. Wilhite, David L. Clark, Kahn, Dees, Donovan & Kahn, Evansville, for appellees.

BAKER, Judge.

Today we decide whether day care in a residence violates restrictive covenants barring nonresidential uses of property and specifically excluding commercial activity uses. We are mindful of the impact of our decision on today's society because many Indiana neighborhoods have similar restrictive covenants and day care homes.

Appellant-plaintiffs Kenneth and Caron Stewart appeal the denial of their petition for an injunction to prohibit appellee...

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