O'Brien v. Gale J. Apple, Inc.

McNULTY, Judge.

The Murphys and O’Briens are next door neighbors in an exclusive waterfront development. Gale J. Apple, Inc., the Murphys’ immediate predecessor in title, obtained a required permit to construct a dock on the Murphy property, which dock the O’Briens contend (and contended in their objections before the issuing authority) is in violation of a restrictive covenant limiting the riparian use of their respective properties. The dock was built notwithstanding, and this suit followed in which the O’Briens seek injunctive relief for removal of the dock and for interim damages.

A…