Maurer v. J. C. Nichols Co.

The opinion of the court was delivered by

O’Connor, J.:

This is a quiet title action to set aside a restrictive covenant prohibiting more than two residences on a tract of land located in Indian Hills subdivision, an exclusive residential area in Johnson county.

Plaintiffs (appellants), who are owners of a parcel of the original tract, seek to be relieved from the burden of the covenant on the basis that dedication of a new street at the rear of the tract 29 years after the restriction was imposed created a condition not contemplated by the developer and removal thereof would not be detrimental…