Foster v. Nehls

This is an action to enforce a restrictive covenant. The covenant provides:

No structures shall be erected, altered, placed, or permitted to remain on any residential building plot other than one detached single-family dwelling not to exceed one and one-half stories in height and a private garage for not more than two cars.

(Italics ours.)

Prior to construction of his home, Mr. Nehls was advised by his neighbors on several occasions that they believed his planned home to be in violation of the above restrictive covenant governing construction in their hillside subdivision. Nevertheless, the…