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JOHNSON v. H.J. REALTY

2951190.

698 So.2d 781 (1997)

Karl G. JOHNSON, Martha R. Johnson, and Rita E. Tucker v. H.J. REALTY, a general partnership of Daryl Harms and Terry Johnson.

Court of Civil Appeals of Alabama.

Rehearing Denied May 23, 1997.

Attorney(s) appearing for the Case

Barry W. Tucker, Homewood, for Appellants.

Roger L. Bates and I. Ripon Britton, Jr. of Hand Arendall, L.L.C., Birmingham, for Appellee.

RICHARD L. HOLMES, Retired Appellate Judge.

In October 1993 Daryl Harms and Terry Johnson, d/b/a H.J. Realty, a general partnership ("partnership"), filed a complaint against Jefferson County, Alabama, and its commissioners (hereinafter collectively referred to as County), seeking a declaratory judgment. Specifically, the partnership requested that the trial court declare certain restrictive covenants existing on a piece of property invalid and unenforceable. Karl...

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