Ruffinengo v. Miller

*343HALL, Justice:

Plaintiff (hereinafter “Ruffinengo”) appeals from a summary judgment dismissing his suit to enjoin the construction of a house by defendants (hereinafter “Miller”) alleged to be in violation of a restrictive covenant prohibiting the construction of dwellings in excess of two stories.

The basic facts presented to the trial court are as follows: the litigants. are the owners of adjacent lots in Northerest Subdivision which share a common boundary, although one lot is in Plat “E” and the other in Plat “F” of said subdivision; the two plats were developed by separate corporate…