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Property Keyed to French
Rick v. West
Citation:
228 N.Y.S.2d 195 (Sup. Ct. 1962)Facts
Chester Rick previously owned a 62 acre tract of land. Chester Rick subjected this land to a restrictive covenant restricting use of the property in the tract to exclusively residential use with single family dwellings. In October of 1955, the defendant, West, purchased a half-acre lot from Chester Rick, after Chester Rick discussed with her the restrictive covenant. West relied on the restrictive covenant and was influenced by it when deciding to buy her lot. In 1959, Rick sold the plaintiffs, the Successors, the 62 acre tract, this tract including all the original tract minus the plot sold to West and a few others. In May of 1961, the Successors contracted to sell 15 acres of the tract to a party planning to build a hospital. West refused to consent to this sale. The Declaration containing the restrictive covenant included a provision that some special unforeseen conditions may require exceptions in certain cases, which may be permitted by the written consent of the seller, as long as the spirit and intent of the covenants and restrictions are adhered to. The Successors and Chester Rick executed a consent and exception pursuant to that provision. The Successors sued seeking a declaratory judgment allowing the sale, declaring the restrictive covenant unenforceable, and limiting West to pecuniary damages.
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