DocketNumber: 8690
Judges: McDonough, Henriod, Crockett, Wade, Worthen
Filed Date: 3/5/1959
Status: Precedential
Modified Date: 10/19/2024
(concurring in result) .
I concur in the result but not in the reasoning or application of the rule of ejusdem generis to the covenant, ordinance or facts of this case. I think that before we indulge the rule we must first determine whether the fence involved is a “structure” within the four corners of the covenant. It seems to me that to apply the rule in this case without first determining whether the fence is a “structure” is to say that the fence is in the same category as “a one, two, or three car garage, and one single family dwelling, not to exceed one story in height, * * * ”