Mitchell v. Gaulding

HALL, Justice.

The defendant-appellant, Robert H. Mitchell, whose wife was formally joined as a defendant, constructed a radio tower 125 feet in height on the lot where their home is located. Whether or not the tower is a prohibited “structure” within the meaning of deed restrictions which, without dispute, apply to the lot is the single question we must decide.

The trial court concluded that the tower violated the deed restrictions. It granted the plaintiffs-appellees’ motion for summary judgment for mandatory injunction requiring the removal of the tower, and overruled the defendants’ motion…