Carlson v. Calusa Golf Inc.

The feud between these parties has been raging for years. In 1983 we held that Calusa Golf, Inc. could not, on estoppel grounds, extinguish a restrictive covenant by circumventing the covenant’s requirement for the consent of seventy-five percent of the adjacent property owners. Calusa Golf, Inc. v. Dade County, 426 So.2d 1165 (Fla. 3d DCA 1983).

Two years later, in an appeal from an order granting a preliminary injunction, we held that even though the construction of a fence may have been partially motivated by spite, the adjacent property owners could not seek to enjoin the construction…