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of letters written by Mr. Reynolds to Mr. Miller about a proposed land swap and covenants on the Roy property that Whippoorwill wanted to include in the deed that was to be drawn up for the land swap and would apply to the use of the Roy property.
According to the suit, filed Dec. 22, 1989, Whippoorwill Associates “has been using for many years, as if it were its own, a portion of this property for access to the rest of’ Whippoorwill’s property.
The letters indicate that Whippoorwill Associates was interested in trading the 20 feet needed to meetset back requirements to Mr. Roy for about 50 feet that would be needed to continue its access.
In addition, Whippoorwill Associates wanted covenents placed on the Roy property that would guarantee that neither Mr. Roy nor any subsequent owner would allow “any unreasonable accumulation of trash, junk, refuse, garbage, unusable equipment or unusable automobiles on the property.” The covenants proposed would also have guaranteed that the property could only be used for residential or agricultural purposes. “No mobile homes, trailers, or other non-permanent types of dwelling (whether said non-permanent dwellings are permanently attached to the ground shall be allowed on theproperty, except as a temporary dwelling of a duration of not more than six months while a dwelling is being constructed on the property.”
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