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MARTIN v. SHEW

No. CA 05-1314.

237 S.W.3d 497 (2006)

Clare C. MARTIN, Trustee of the Clare C. Martin Trust UTA Dated 11-13-98 and Jack L. Martin, Trustee of the Jack L. Martin Trust UTA Dated 11-13-98, Appellants v. David L. SHEW and Hilary Ann Bishop Shew and Ben Melling and Susan Enna Melling, Appellees.

Court of Appeals of Arkansas.

June 28, 2006.

Attorney(s) appearing for the Case

Carney Law Firm, P.A., by: Mark Carney; John A. Crain, Mt. Home, for appellants.

Johnson, Sanders & Morgan, by: Ted H. Sanders, Mt. Home, for appellees.

LARRY D. VAUGHT, Judge.

Appellants Clare Martin, as trustee of the Clare Martin Trust, and Jack Martin, as trustee of the Jack Martin Trust, brought suit seeking a declaratory judgment to determine the validity of certain amendments to restrictive covenants that were adopted by vote of appellees David Shew, Hillary Shew, Ben Melling, and Susan Melling, owners of two-thirds of the property affected by the covenants. The trial court found that the modified restrictions...

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