Mains Farm Homeowners Ass'n v. Worthington

(dissenting) — The majority opinion comes to three conclusions: first, that justice/equity is on its side; second, that Salima Worthington, her children, and her elderly charges do not constitute a family; and third, that Worthington's supplemental use of her home to care for elderly adults is a nonresidential use. I contend that as to each aspect, the majority is in error.

First, the majority suggests that Salima Worthington should be estopped from caring for her adult family members because she was aware of the subdivision covenants prior to purchase, and was later informed of the Mains Farm…