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TURNER v. UNITED CEREBRAL PALSY ASS'N

No. 86CA1820.

772 P.2d 628 (1988)

John I. TURNER, Dorothy H. Beckwith, Ben B. Reiff, Virginia O. Phillips, Deloye A. Duggan and Eleanor J. Olmsted, Plaintiffs-Appellants, v. UNITED CEREBRAL PALSY ASSOCIATION OF DENVER, INC., David Heartman, Executive Director, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 8, 1988.

Certiorari Denied April 24, 1989.

Attorney(s) appearing for the Case

John C. Schaefer, Denver, for plaintiffs-appellants.

Karsh & Fulton, P.C., Alan E. Karsh, Denver, for defendants-appellees.

CRISWELL, Judge.

Plaintiffs (homeowners) appeal from a judgment denying their application for a permanent injunction to prevent the defendant, United Cerebral Palsy Association of Denver, Inc. (the Association), from using its property as a group home for eight developmentally disabled individuals in alleged violation of a private restrictive covenant. The trial court determined that the use being made by the defendant of its property was not in violation of that...

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