Covey v. Gross

WIEAND, Judge:

This appeal requires that we interpret a building and use restriction which prohibits the erection of a private garage on a lot unless a dwelling house shall first have been erected thereon. Where two contiguous lots are owned by the same persons and form a single tract, may the dwelling house be erected on one lot and the garage on the other lot? The trial court held that such an arrangement did not violate the restriction and refused to enjoin construction of the garage. We affirm.

Donald Covey and Joan Covey, husband and wife, are the owners of a lot containing 18,000 square…