McMillan v. Iserman

I respectfully dissent. The parties agree that the property at issue is covered by a restrictive covenant dating back to 1958 which, among other things, permits three-fourths of the property owners within the subdivision to amend the restrictive covenant at any time. The covenant was amended on November 3, 1980, to include the following restrictions:

"1. All of the lots of this subdivision shall be owned, described and used for strictly private residential purposes only.

"2. No lot may be used for the operation of any business, enterprise, activity or service, profit or nonprofit, where the…