RAY v. MILLER

No. 95-1051.

916 S.W.2d 117 (1996)

323 Ark. 578

O.W. RAY and Neil Ray, Appellants, v. James and Paula MILLER, and Scott E. Poynter, Appellees.

Supreme Court of Arkansas.

March 4, 1996.


Attorney(s) appearing for the Case

John Ogles, Jacksonville, for Appellant.

Scott E. Poynter, Mountain Home, for Scott Poynter.

Robert E. Namburg, Jacksonville, for James and Paula Miller.


NEWBERN, Justice.

This appeal is about whether land purchased by the appellees, James and Paula Miller and Scott E. Poynter, from the appellants, O.W. Ray and Neil Ray (the Rays), is burdened by a restriction preventing installation of "zero clearance fireplaces" in homes constructed by the Millers and Mr. Poynter. The Chancellor dismissed the Rays' claim after hearing their case in chief. We affirm the decision.

The Rays developed a subdivision in phases...

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