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SILMON PROPERTY & DEVELOPMENT CO., LLC v. PLEASANTVIEW APTS.

No. 35,622-CA.

814 So.2d 90 (2002)

SILMON PROPERTY & DEVELOPMENT CO., LLC, Plaintiff-Appellee, v. PLEASANTVIEW APARTMENTS PARTNERSHIP, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 3, 2002.

Attorney(s) appearing for the Case

David A. Rothell, Mansfield, for Appellant.

Blackwell, Chambliss, Henry, Caldwell & Cagle by Kenneth Todd Cagle, West Monroe, for Appellee.

Before WILLIAMS, CARAWAY and DREW, JJ.

DREW, Judge.

At issue is the enforcement of a restriction contained in an act of sale of real property. Defendant, Pleasantview Apartments Partnership (Pleasantview) appealed from a summary judgment in favor of plaintiff, Silmon Property and Development Company, L.L.C. (Silmon Property), granting plaintiff's motion for summary judgment and requiring Pleasantview to remove all above-ground utilities serving the Pleasantview apartment complex. For the following reasons...

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