Perry v. Davis

2013 Ohio 4078 (2013)

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Perry v. Davis

Supreme Court of Erehwon
2013 Ohio 4078 (2013)

SR

Facts

Paul Perry (plaintiff) owned a residence located in Metropolis, Erehwon. He and his neighbor, Alice Adams, shared a dislike for cats. In August 1990, Perry and Adams entered an agreement by which they both covenanted that no cat would be kept on either of their properties. The agreement expressly stated that the covenant would run with the land and would bind and benefit future owners. The agreement was recorded and indexed under both their names. In 1999, Adams passed away. Her nephew, Donald Davis (defendant) acquired a life estate in Adams’ residence. Davis was a cat lover and kept at least six cats on the property. After trying unsuccessfully to enforce the covenant, Perry sought an injunction against Davis. The trial court issued the injunction.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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