Mann v. Levin

¶ 1. In this appeal, we consider whether the trial court erred in interpreting the terms of a restrictive covenant that limited the “height” of any building on defendant Diane Levin’s property to that of a neighboring farmhouse. The trial court found that the covenant was intended as a scenic easement, and thus, it restricted buildings from exceeding the absolute elevation, or “ridge line,” of the farmhouse. Because Levin’s building exceeded the ridge line by approximately seven feet, the court granted permanent injunctive relief to plaintiffs Bette and Kelley Mann, and ordered Levin to…