Bersos v. Cape George Colony Club

Tayler L. McCormick and Gunnar Bersos and wife brought this declaratory judgment action, seeking a determination of their right to build two houses on a single platted tract in Cape George Colony, a Jefferson County real estate development. The defendant club had rejected plaintiffs’ building plans, basing its refusal on a policy forbidding subdivision of platted lots. This policy was based upon powers allegedly implied in the following restrictive covenants:

All purchasers, or owners of real property or interest therein in this plat must be acceptable to the Membership Committee of Cape…