Selsor v. Shelby

BRADY, Commissioner.

The appellants filed suit to enjoin the respondents from continuing an alleged violation of restrictions governing the use of certain lots in a subdivision. Respondents entered a general denial and also pleaded laches, waiver, and estoppel. The trial court denied the relief sought and this appeal followed. We will hereafter refer to the parties by their designation ⅜ the trial court.

Under the rules of review governing actions of this nature this court’s duty is to hear the case de novo, and, giving due deference to the trial court’s findings, we are to reach our own…