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Property Keyed to Sprankling
Fink v. Miller
Facts
Plaintiff, C.W. Fink, and Defendants, Shannon and Jim Miller, bought lots in a subdivided land, which was subject to protective covenants that stated it was mandatory to have wood shingles on the roof of all structures. Also, the covenant mandated the Community Development Committee’s approval of all building plans on the land. Before 1985, the Committee obtained a copy of the covenant agreement in question with annotations in writing, indicating alternative roofing materials were allowed. Thereafter, the Committee approved building plans with tile or fiberglass asphalt shingle roofs. Later, in 1985, the Committee became aware that the covenant was not truly amended to include annotations in writing. At that time, twenty-one homes had completed their shingle roofs with tile or fiberglass asphalt. The Committee tried to enforce the covenant. In 1990, when Defendant requested building approvals from the Committee to change their shingles to fiberglass, the Committee denied the request. Nonetheless, Defendant began to build the shingles anyways. In 1991, Plaintiff sued Defendant seeking an injunction. The trial court granted summary judgment for Defendant. Plaintiff appealed.
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