MICHAEL T. and DANA N. BERNIER v. ROBERT (“SHAWN”) and JAMIE MORROW - Articles

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Posted by: Tanja Trezise on Apr 30, 2013

Court: TN Court of Appeals

Attorneys 1:

Philip C. Kelly and Gwynn K. Smith, Gallatin, Tennessee, for the appellants, Robert (“Shawn”) and Jamie Morrow.

Attorneys 2:

William L. Moore, Jr., Gallatin, Tennessee, for the appellees, Michael T. and Dana N. Bernier.

Judge(s): STAFFORD

This case presents the question of whether certain notes on a final subdivision plat constitute restrictive covenants, which prevent the purchasers of property in the subdivision from installing an experimental wetland sewage disposal system on their property or on an easement for the benefit of their property. The trial court concluded that the plat notes constitute restrictive covenants preventing the installation, and permanently enjoined the purchasers from installing or constructing such a system on their own property or on the easement. We affirm and remand.

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