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NIEDFELDT v. GRAND OAKS COMMUNITIES, LLC

No. 2006-CA-02040-COA.

987 So.2d 1043 (2008)

Phyllis W. NIEDFELDT, Trustee for the Phyllis W. Niedfeldt Living Trust, Appellant, v. GRAND OAKS COMMUNITIES, LLC, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied July 29, 2008.

Attorney(s) appearing for the Case

Thomas Henry Freeland, Joyce Marie Freeland, Oxford, attorneys for appellant.

S. Duke Goza, Oxford, Joshua J. Wiener, Jackson, Dion Jeffery Shanley, Oxford, attorneys for appellee.

Before MYERS, P.J., GRIFFIS and ROBERTS, JJ.

GRIFFIS, J., for the Court.

¶ 1. This is an appeal of the denial of a petition for a preliminary injunction by the Chancery Court of Lafayette County. Phyllis W. Niedfeldt sought to prohibit Grand Oaks Communities, LLC (GOC) from constructing a connector road in-between two lots situated within the cul-de-sac in which she lived. In its defense, GOC claimed that the Grand Oaks plat was properly amended in 1996 to include the new road. Following a hearing, the...

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