Jarrett v. Valley Park, Inc.

I dissent. As the District Court correctly concluded, the restrictive covenant at issue is not tied to a common plan or scheme for the Village of St. Marie, and it confers a personal benefit upon the designate — in this case the brother of the developer who drafted the covenants. Paragraph II(Q) of the restrictive covenants provides that:

No television satellite receiving dishes shall be placed on any portion of the property except by Valley Park, Inc. or its designate. Radio and television antennas and aerials may be placed on the property as approved by the architectural committee.

Thus, as…