JONES v. ENGLUND


870 S.W.2d 525 (1993)

Christine JONES, James R. Jones, Sallie Berger, Charles F. Berger, John W. Myers, Charles W. Winchester, Mary M. Hutcheson, B.F. Durham, Ben Hall, Gary Frederich, Bud Hines and J. Draper Doyal, Plaintiffs, v. W.L. ENGLUND and wife Susan H. Englund, Defendants.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied January 31, 1994.


Attorney(s) appearing for the Case

Hoyt O. Samples, Samples & Jennings, Chattanoga, for appellants William L. Englund and Susan H. Englund.

Steven M. Jaccoway, Patrick, Beard, Richardson, Chattanooga, for appellees Sallie Berger, Charles F. Berger, John W. Myers, Charles Winchester, Mary M. Hutcheson, B.F. Durham, Ben Hall, Gary Frederich, Bud Hines, and J. Draper Doyal.


Permission to Appeal Denied by Supreme Court January 31, 1994.

OPINION

SANDERS, Presiding Judge, Eastern Section.

Both sides have appealed from a chancery decree which would permit the construction of one additional residence on a subdivision lot which was restricted to one single-family dwelling, but would not permit the construction of a third residence, although the original lot had been replatted into three lots.

The parties are...

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