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Property Law Keyed to Cribbet
Cowling v. Colligan
Facts
This suit is a class action brought by a class of property owners in a neighborhood, restricted by covenant to residential purposes only, to enjoin Defendant from using one of the lots on the edge of the neighborhood for business purposes. The subdivision consists of 49 tracts ranging in size between 4 to 7.81 acres, and has churches on four of the lots with several other tracts sold to church bodies contemplating building churches. Defendant’s lot, which is in the subdivision, has no improvements on it except a small easily removable building for the storage of pipe. The property adjoining Defendant’s lot (which is tract 2) is outside the subdivision and unrestricted. The facts provide that a road that went through the neighborhood was a quiet country road at the time the restrictions were written, but is now a major road. The reasonable market value of Defendant’s lot restricted was found to be $10,000 per acre, and was worth $35,00 to $43,000 per acre unrestricted. The lowe r court found that the restrictive covenant was valid and enforceable and not waived, but that the conditions surrounding Defendant’s lot made it inequitable to enforce the restrictions against Defendant, and thus, no injunction was issued. The Plaintiffs appealed.
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