NM Appeals Court Finds Lack Active Architectural Control Committee Did Not,...
Curtis and Barbara Myers (Plaintiffs) and Defendant were neighbors in the Tierra del Sol Subdivision, located in Otero County, New Mexico. In 2000, Defendant opened a dog training business on her...
View ArticleSC Appeals Court Upholds Restrictive Covenant Prohibiting Rental of Units to...
Sunil V. Lalla and Sharon W. Lalla, were co-owners of a unit in a horizontal property regime known as The SPUR at Williams Brice Stadium (The SPUR). The Lallas appealed the circuit court’s order...
View ArticleNY Appellate Court Holds Provision of Restrictive Covenant Limiting Leasing...
Landowners, Blue Island Development, LLC, and Posillico Development Company at Harbor Island, Inc., purchased and developed property into 172 waterfront condominium units, and brought action against...
View ArticleOH Appeals Court Denies Motion to Vacate Injunction on Construction of Playhouse
The Wieners resided in The Steeplechase, a residential development in the City of Munroe Falls, and were therefore subject to The Steeplechase’s restrictions and the City’s ordinances. One of the...
View ArticleKS Supreme Court Finds Prevention of Using Property Pursuant to Restrictive...
In 1999, State of Kansas and the Kansas Department of Transportation (collectively KDOT) purchased property from Christ Evangelical Lutheran Church, which included lots 55 through 75 in Grande Oaks. In...
View ArticleAL Supreme Court Finds the Construction of Garage Violated Restrictive Covenant
Robert and Carin Diercks purchased a vacant lot in the subdivision located directly behind their house and began construction of a garage. Plaintiffs, group of homeowners in the subdivision, sued the...
View ArticleME Supreme Court Vacates Decision Upholding Granted Building Permit
In this case, Leslie Fissmer appealed from a judgment of the Superior Court, which affirmed the holding of the Cape Elizabeth Zoning Board of Appeals that the Cape Elizabeth Code Enforcement Officer...
View ArticleCT Appeals Court Finds Restrictive Covenant was Unenforceable Due to a...
This post was authored by Matthew Loeser, Esq. The Martins, landowners whose property was part of a former farm that had been turned into a subdivision, brought declaratory judgment action concerning...
View ArticleFed. Dist Court in NY Grants Motion to Dismiss Counterclaim Arising from...
This post was authored by Matthew Loeser, Esq. Defendant and Counterclaim Plaintiff Sisters was a religious not-for-profit corporation that owned and operated a convent in the Town of Greenburgh, New...
View ArticleNY Appellate Court Grants Request to Enforce Height Limit on Neighbor’s Trees
This post was authored by Amy Lavine, Esq. A dispute between neighboring property owners over the height of their trees was considered in a New York appellate court case decided in May. The parcels...
View ArticleWI Appeals Court Holds Owner’s Breach of a Restrictive Covenant Entitled the...
This post was authored by Matthew Loeser, Esq. Polk Properties, LLC and Donald J. Thoma purchased the subject property in 2006 to develop the farmland into a residential subdivision. Later that year,...
View ArticleFed. Dist. Court in NY Finds that Board’s Failure to Approve an Application...
This post was authored by Matthew Loeser, Esq. Plaintiff Village Green at Sayville, LLC intended to build a housing project on its property. In 2006, the Town Board granted Plaintiff’s application to...
View ArticleUT Appeals Court Finds Covenant Did Not Run with the Land Under Development...
This post was authored by Matthew Loescher, Esq. In 2003, Suburban Land Reserve, Inc. owned roughly 245 acres of undeveloped real estate on Mapleton’s east bench. Suburban thereafter entered into a...
View ArticleNY Appellate Court Upholds ZBA Determination Deed Did Not Create a Covenant...
This post was contributed by Matthew Loescher, Esq. In 1902, petitioner, Ferncliff Cemetery Association, was incorporated for the purpose of operating a cemetery in the respondent Town of Greenburgh....
View ArticleWA Court of Appeals Holds Court Order Striking a Void Racial Discriminatory...
This post was authored by Matthew Loescher, Esq. Property owner, Mr. May initiated declaratory judgment action, which sought to have the discriminatory restrictive covenant governing his property,...
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