Payne v. Borkat

Marshall, Justice.

The parties to this case are owners of lots in a residential subdivision in Tifton, Georgia. The plaintiffs filed a petition for declaratory judgment, seeking a declaration that a restrictive covenant in their deeds is unenforceable. The trial court ruled in favor of the plaintiffs, and the defendants appeal.

The parties trace titles to their respective properties to a common grantor, who placed certain restrictive covenants on their lots in 1946, to run for a period of 50 years. Two of the restrictive covenants are drawn into controversy in this case: Restrictive Covenant 2,…