Multari v. Gress

OPINION

BARKER, Judge.

¶ 1 We address in this appeal whether a developer may utilize private deed restrictions on multiple lots in a residential subdivision to alter uniform covenants and restrictions otherwise applicable to those lots. Based on the language in the uniform covenants and restrictions at issue in this case, and for the reasons set forth below, we determine that the private deed restrictions here are invalid.

I

¶2 Richard D. Gress and Carmen Gress (“Gresses”) appeal the grant of summary judgment in favor of Dominick and Lynn Multari (“Multaris”). The Multaris cross-appeal the trial…