King v. Kugler

Appeal is taken from a judgment enjoining defendants from building any structure of a height exceeding that of a single-story dwelling presently on the premises.

The following factual background is taken from an agreed statement. Plaintiffs and defendants reside in adjacent houses built in a 174-lot tract by the original grantor, Allied Gardens Corp. Both parties purchased their homes from Allied in 1952. Prior thereto, the original grantor recorded a declaration of conditions and restrictions, the terms of which applied to all lots in the tract; the deeds thereafter given to the 174 lot…