Sloane v. Dixie Gardens, Inc.

278 So.2d 309 (1973)

Henry A. SLOANE et al., Appellants,

v.

DIXIE GARDENS, INC., and Crestridge Utilities Corporation, Appellees.

No. 71-660.

District Court of Appeal of Florida, Second District.

June 1, 1973.

J.E. Satterfield, Clearwater, for appellants.

Dan C. Rasmussen, Delzer, Edwards & Martin, Port Richey, for appellees.

MANN, Chief Judge.

Sloane, a resident of Crestridge Gardens Subdivision, sought a declaratory judgment invalidating a restriction recorded in reference to that subdivision and which the developer asserts is binding on all residents as a covenant running with the land. It reads:

"If…