Prem v. Radke

The defendants’ sole contention on the trial of this action was that the character of the neighborhood had so materially changed from what was intended at the time the restrictions were made that there was no violation of the same. This claim was found by the trial judge to be entirely without merit and an injunction was granted enjoining the erection of the building and ordering the removal of such portion of the same as had been erected upon the property. Upon the appeal before this court the defendants set up an entirely new theory, and now contend that the covenant in the original deeds…