Malone v. Guynes

Jhon Mauzy Pittman, Chief Judge.

The appellant owns a house in a residential subdivision subject to several restrictive covenants, including a prohibition against construction of multifamily dwellings. Appellant attempted to build a duplex in the subdivision in violation of the covenant limiting use to single-family residences. Appellees, who are owners of other lots in the subdivision, sued to enjoin construction. Both sides moved for summary judgment; the trial court granted summary judgment to appellees. On appeal, appellant contends that the trial court erred in granting appellees’ motion…