Webb v. Smith

In this action involving deed restrictions, defendants appeal as of right an order granting injunctive relief to plaintiffs and requiring defendants to remove their house from defendants’ property. We affirm.

This appeal marks the parties’ third appearance before this Court regarding the subject property. * 1 This dispute began over eight years ago, when defendants Warren and Faye Smith purchased property and began to build their home upon it. Defendants concede that they built their home on the property despite two deed restrictions that prohibited this con struction. This case illustrates…