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Bishop v. Rueff

Kentucky Court of Appeals

619 S.W.2d 718 (1981)

Facts

Nancy Bishop (plaintiff) owned property that adjoined property owned by William and Patricia Rueff (defendants). The Rueffs’ property and Bishop’s property were all once owned by George Imorde. Imorde conveyed one lot to Bishop; the recorded deed prohibited solid board fences and fences more than four feet in height. Imorde later sold a large portion of his property to developers, who created a subdivision with 11 lots. The Rueffs purchased a lot in this subdivision, and their deed did not refer to the fencing restrictions contained in Bishop’s deed. The Rueffs erected a seven-foot-high, wooden slab fence close to the side of Bishop’s home. Bishop subsequently filed suit, seeking injunctive relief to bring the fence into compliance with the restrictive covenant. The trial court denied injunctive relief, and Bishop appealed.

Rule of Law

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Issue

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Holding and Reasoning (Reynolds, J.)

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Concurrence (Howerton, J.)

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