Bloomfield Estates Improvement Ass'n, Inc. v. City of Birmingham

This is a dispute over a dog park. Three years ago, defendant city of Birmingham fenced off one acre of property in a city park1 to allow dogs to run off-lead under the supervision of their owners. Plaintiff Bloomfield Estates Improvement Association, Inc., sued to block defendant from this use by seeking to enforce a deed restriction that limited portions of the park to residential purposes. A majority of this Court holds that using the lot as a dog park violates the deed restriction. It also holds that plaintiff can enforce the deed restriction even though plaintiff failed to object to use…