HILL v. DUNCAN

No. A01A0731.

548 S.E.2d 83 (2001)

249 Ga. App. 342

HILL, et al. v. DUNCAN et al.

Court of Appeals of Georgia.

April 24, 2001.


Attorney(s) appearing for the Case

Sean A. Black, Toccoa, for appellants.

Clifton, Sanders & Smith, Cecil L. Clifton, Jr., Toccoa, for appellees.


MIKELL, Judge.

The parties to this action own property in Circle East subdivision in Stephens County. One of the subdivision's restrictive covenants states that "[n]o mobile home shall be permitted on any lot." When Bob F. Hill, Jr. and Jo Ann Hill sought to place a modular home on their lot, Roger Duncan and Paul Westmoreland ("plaintiffs") filed suit requesting declaratory and injunctive relief. The trial court denied their request, ruling that the structure at...

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