Clear Channel Metroplex, Inc. v. Sunbeam Television Corp.

Although it professes not to, I believe that the majority opinion has in fact wrongfully rewritten the parties’ agreement by finding that paragraph 4 does not provide a use restriction on the property. Accordingly, I dissent from that section of the opinion.

Paragraph 4 of the 1962 agreement prohibits any restriction on the use of the property unless “reasonably necessary to the continued proper use of said facilities for their present purposes [.]” (Emphasis added). This restrictive covenant, as are all restrictive covenants, is clothed with a presumption of validity. See Cottrell v. Miskove,…