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MASSIE v. BENTON

No. 48120.

678 S.W.2d 445 (1984)

Jim MASSIE and Maureen Massie, his wife, and Elsa W. Fisher, Plaintiffs-Appellants, v. Clarence D. BENTON, et al., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

September 25, 1984.

Attorney(s) appearing for the Case

Thomas Llewellyn Ray, Farmington, for plaintiffs-appellants.

Maurice B. Graham, Fredericktown, for defendants-respondents.

KAROHL, Judge.

Plaintiffs-appellants subdivision property owners, sought a declaratory judgment of their rights. They asked the court to declare Blocks One and Two of W.F. Doss Second Edition, a subdivision located in Farmington, Missouri, to be free of the restrictions limiting the use to residential purposes. The subdivision plat, showing three blocks, was recorded in 1949. Blocks One and Two were subject to restrictions including a provision that the lots be used...

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