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PERSIMMON HILL FIRST HOMES ASS'N v. LONSDALE

No. 89,410

31 Kan.App. 2d 889 (2003)

75 P.3d 278

PERSIMMON HILL FIRST HOMES ASSOCIATION, Appellant, v. HOWARD and CARRIE LONSDALE, Appellees.

Court of Appeals of Kansas

Opinion filed August 29, 2003.

Attorney(s) appearing for the Case

Timothy J. Sear and Kevin J. Breer, of Polsinelli Shalton & Welte, A Professional Corporation, of Overland Park, for appellant.

No appearance by appellees.

Before JOHNSON, P.J., GREENE, J., and DAVID W. KENNEDY, District Judge, assigned.

GREENE, J.:

Persimmon Hill First Homes Association (Association) appeals from the district court's denial of its motion for a permanent mandatory injunction against homeowners Howard and Carrie Lonsdale (Londales) to enforce a restrictive covenant prohibiting fences absent Association approval, and in no event fences exceeding 4 feet in height if on a boundary line. The district court denied the requested injunctive relief solely due to a perceived failure by the...

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