Simcox v. Obertz

CARL R. GAERTNER, Judge.

Appellants John and Margaret Obertz appeal from an adverse judgment requiring that they remove a storage structure from their property. We affirm in part and reverse in part.

Appellants and respondents Jack and Mary Simcox are next-door neighbors in the Oak Hill Estates Subdivision in St. Charles County. The Simcoxes were the first homeowners in the subdivision, while the Obertzes purchased the last house built in Oak Hill Estates in January of 1986. In June of that year, Mr. Obertz poured a concrete pad in his backyard in preparation for erecting a storage building…