Watson v. Buchanan

HOBSON, Acting Chief Judge.

This case comes to us on appeal from dismissal of a complaint and poses the question of whether a swimming pool enclosure, allegedly erected in violation of setback restrictions recorded in general subdivision plan, can be the subject of injunctive relief to alleviate that alleged violation. The court below answered this question in the negative. We reverse.

On or about June 25, 1975, plaintiffs, residents of the Fairway Estates Fifth Division (Fairway). subdivision, learned that their neighbor, defendant/appellee herein, had been issued a building permit to erect a…