Howard Homes, Inc. v. Guttman

This action involves a complaint for a declaratory judgment that plaintiff has the right to proceed with the construction of two single-family dwellings, in accordance with certain plans, on property adjoining the land of appellants. The latter, by cross-complaint, seek an injunction on the ground that the planned construction violates certain deed restrictions. The cross-complaint also seeks relief for alleged damage to appellants’ sprinkler systems and sewer installations.

Appellants Henry and Katherine Guttman acquired certain properties by grant deed from Albert and Irma Rogell on July 3,…