Ware Construction Co. v. Thomas

HOBSON, Judge.

In this appeal we find that the trial court erred in construing ambiguous use restrictions, incorporated onto a recorded plat, as prohibiting development of a multi family structure on certain lots, and in failing to give effect to the clearly established intentions of the draftsmen. Consequently, we reverse the trial court’s final judgment permanently enjoining this use.

The trial transcript, when read in a light most favorable to appellees, reveals the following facts: In 1952, George Dignam and Art Mazzie owned a tract of land abutting a county road. They decided to subdivide…