Property Keyed to Rabin
Raintree of Albermarle Homeowners Ass’n Inc. v. Jones
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Jones (Defendant) owned property in a subdivision that was subject to the following restrictive covenant: residents could not park buses, commercial vehicles, or motor homes could not be parked on their property unless it was garaged, and no truck of any kind could be parked overnight on the property unless it was garaged. Defendant bought a tow truck, also described as a small “wrecker,” and parked it on his property. Raintree of Albermarle Homeowners Association (Plaintiff) sued to enjoin Defendant from continuing to park this tow truck on his property. Defendant contended that Plaintiff had lost its right to enforce the subject covenant because Plaintiff failed to enforce it against two other homeowners, Nicely and Powell, who occasionally parked pickup trucks on their respective properties. The trial court held that although Defendant violated the covenant, Plaintiff could not enforce it because Plaintiff did not enforce it uniformly against other owners in the subdivision. Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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