Hoffman v. Tacon

MADDOX, Justice.

The question presented by this appeal is whether a lot in a Mobile subdivision could be subdivided without violating restrictions placed on the original subdivision when it was created. The trial court granted a motion for summary judgment. The judgment permitted the “plot” to be subdivided.

The facts are not complicated. Plaintiffs and defendants are owners of property in a subdivision known as Government Street Highlands Subdivision in Mobile. All lots in the subdivision were subject to certain restrictions. Plaintiffs claimed that if the defendants subdivided their “plot”…