Kling v. Taylor-Morley, Inc.

CRAHAN, Presiding Judge.

Defendant, Taylor-Morley (“Developer”) appeals an adverse judgment enjoining the construction of an office building and declaring its development to be in violation of a restrictive covenant enacted by prior owners of the property. We affirm.

At the core of this dispute is an agreement establishing a restrictive covenant allocating benefits and burdens to the properties along Questover Lane (“Lane”). At the time of the agreement’s inception, Lane was entirely a private roadway, lined with large single family dwellings. The covenant was adopted by the residents and…