ADKINS v. BLUEGRASS ESTATES, INC.

No. E2011-00044-COA-R3-CV.

360 S.W.3d 404 (2011)

Anthony Ray ADKINS, et al. v. BLUEGRASS ESTATES, INC., et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

August 30, 2011.

Permission to Appeal Denied by Supreme Court December 14, 2011.


Attorney(s) appearing for the Case

Thomas J. Tabor, Jr. , Tazewell, Tennessee, for the appellants, Daniel J. Tribell, and wife, Ruby Tribell, as Trustees of the Daniel J. Tribell and Ruby Tribell Living Trust.

Terry M. Basista , Jacksboro, Tennessee, for the appellees, Anthony Ray Adkins and wife, Raye Ann Adkins; Ronald D. Casey; John C. Coward and wife, Sandra Coward; John Delaura and wife, Michelle Delaura; Brain P. Goins and wife, Nichole Goins; David D. Gough; Mayford McCarter and wife, Helen McCarter; Michael J. McWhorter; David E. Miller and wife, Kathryn D. Miller; Teresa D. Poston; and, Kenneth Powell and wife, Carolyn Powell.


OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the Court, in which HERSCHEL P. FRANKS, P.J., and JOHN W. McCLARTY, J., joined.

The purchasers of lots in a "subdivision known as Timberlake Estates, Phase One"—described in a plat and restrictive covenants as a twenty-lot subdivision—acquired with their deeds the right to use a boat ramp and parking area to be located in a common area within the subdivision. When they learned that...

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