Pellegrino v. MacKenzie Street Construction Corp.

The uncontradicted proof establishes that defendants’ bungalows are erected within 100 feet of the line of MacKenzie street. The question is whether bungalows may be built within 100 feet of that street line under the restrictive covenant. The plaintiff’s property is directly across the street from that of the defendants. Both of these properties form a part of a large tract at Manhattan Beach, which was developed by a company and upon which certain restrictions were imposed. In a word, the restrictions are against the erection of business places, or boarding houses, or places for public…