Eden Isles Architectural Control Committee for Units Three & Four v. Mouledous

FOIL, Judge.

This appeal challenges the authority of a city court to issue an order enjoining construction of a residence. We hold the city court lacked jurisdiction over the subject matter of the case and reverse.

Defendants, Sylvia Mouledous and Ronald Natal, purchased a lot in Eden Isles Subdivision. The subdivision’s building restrictions require owners to submit plans and specifications to a control committee and to ultimately obtain approval from the committee prior to initiating construction. Defendants began construction on their home without complying with these restrictions.

On August…