Thomas v. Depaoli

HOLSTEIN, Chief Judge.

Defendants Lino and Ñola B. Depaoli and plaintiffs Jim and Laura Thomas and John and Virginia Pratt all own residential property in Woodcliffe Subdivision in Greene County. Defendants appeal an adverse judgment ordering the removal and enjoining maintenance of a six-foot high privacy fence constructed closer than sixty feet to the front of a lot they own. The Depaolis claim the trial court’s judgment erroneously failed to give strict construction to language in a restrictive covenant. We affirm.

The original owners and developers of the subdivision were Allen and…