Bales v. Duncan

Jordan, Justice.

William Bales brought an action in the Gwinnett County Superior Court seeking a temporary and permanent injunction against the operation of a day care center, claiming that said operation was in violation of a restrictive covenant limiting the land use to residential purposes only.

The trial court in its ruling relied exclusively on the equitable doctrine of laches, and denied appellant’s prayer for a temporary injunction. The relevant part of said order stated the following: "the court is of the opinion that plaintiff is barred from the relief he seeks because of his failure…