Bennett v. Huwar

CLARK, Presiding Judge.

Appellants commenced this suit for in-junctive relief to prohibit respondents from continuing construction of a residence in Cass County contended to be in violation of restrictive covenants. The trial court denied relief.

Appellants contend the trial court erred as a matter of law because the decision operated to reverse the decision of a homeowners’ architectural control committee made in the reasonable exercise of discretionary authority with which they are vested under restrictive covenants running with the subject land.

The property in question is a residential…