Jayno Heights Landowners Ass'n v. Preston

Defendants appeal as of right from the trial court’s order granting plaintiffs motion for summary judgment. In granting that motion, the court enjoined defendant Preston from using his residence in the Jayno Heights Subdivision as an adult foster care facility. The trial court based its decision on the language of a restrictive covenant contained in the deed to the property in question which limited the use of the property to a single family residence. I respectfully dissent from my brothers’ affirmance of the decision below.

The restrictive covenant in question provides that:

"Jayno Heights…