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HAMPTON v. MORGAN

No. 48A02-9502-CV-69.

654 N.E.2d 8 (1995)

K. Raymond HAMPTON, Appellant, v. Stephen MORGAN and Joann Morgan, Appellees.

Court of Appeals of Indiana.

July 31, 1995.

Attorney(s) appearing for the Case

Arvin R. Foland, Arvin R. Foland & Associates, Noblesville, for appellant.

Richard S. Pitts, E. Scott Treadway, Lowe Gray Steele & Hoffman, Indianapolis, for appellees.

OPINION

FRIEDLANDER, Judge.

K. Raymond Hampton appeals the denial of his motion for a hearing on his request for damages pursuant to Trial Rule 65.

We reverse.

The facts favorable to the judgment are that Hampton was the developer of a real estate subdivision known as Sylvan Woods. Improvements in Sylvan Woods were to be made consistent with certain restrictions and covenants, including "a 40 foot maximum set back within which all residences...

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