Fortson v. Lawrence

MILLER, Judge.

Plaintiff landowner sued for a declaratory judgment to set aside a restrictive covenant which prohibited commercial buildings on his 10.54 acre tract of land. Defendants are the parties who sold the property to plaintiff with the provision that plaintiff, his heirs and assigns would “ * * * construct or erect on the above described property nothing other than a residence or residences * * 1 The trial court held that the existence of a three panel signboard on a small portion of the tract for a two year period freed the entire tract for unrestricted commercial use. Defendants…