Sawyer v. Getz

GRISSOM, Chief Justice.

Gerald L. Getz and others sued Herbert A. Sawyer to enforce a restrictive covenant in a subdivision providing for a twenty foot set back from the sidelines of any lot. Sawyer almost completed construction of a house and garage. His garage extended to within eight feet of the west sideline of his lot. Getz and others, who owned lots and residences in said addition, after virtual completion of the garage, sought a mandatory injunction compelling removal of the twelve feet of Sawyer’s garage which extended into the restricted area. Sawyer asserted the defense of laches and…