Peterson v. Koester

Robert and Judith Koester purchased property in a subdivision governed by covenants that required lot owners to obtain approval from an architectural control committee (ACC) before beginning construction. The Koesters built a pool and mechanical room, and were sued by their neighbors. Although the Koesters had submitted plans, the trial court found that they had deliberately and knowingly violated the consent to construction covenant because the final construction was based on revised plans that had not been properly submitted for approval. The trial court ordered the Koesters to return the…