Burns v. Winchester Memorial Hospital

In this declaratory judgment proceeding, Winchester Memorial Hospital asked the trial court to enjoin the appellants, Charles L. Burns, Jr., and other lot owners in Baker Terrace Subdivision, 1 from enforcing certain restrictive covenants which appellants contend prohibit the Hospital from constructing a multi-story parking garage. Holding the restrictions were invalid, the trial court enjoined the appellants from enforcing them. The principal issue on appeal is whether the trial court erred in finding the appellants failed to prove a general scheme or plan of development which imposed…