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ARMSTRONG v. ROBERTS

41446.

254 Ga. 15 (1985)

325 S.E.2d 769

ARMSTRONG et al. v. ROBERTS et al.

Supreme Court of Georgia.

Decided February 20, 1985.

Attorney(s) appearing for the Case

Hansell & Post, R. Matthew Martin, for appellants.

Davis, Matthews & Quigley, Kenneth I. Sokolov, for appellees.

GREGORY, Justice.

In October 1979, the developer of Ashton Woods Subdivision, Sturgis Development Company (Sturgis), made and filed with the Clerk of Cobb Superior Court protective covenants for the benefit of those buying homes in the subdivision. These covenants purport to regulate uses which may be made of the individual lots. Paragraph four of these covenants states, in relevant part, "no building shall be located on any lot nearer than fifty (50) feet to the...

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