Patch v. Springfield School District

¶ 1. Plaintiff appeals from the superior court’s order allowing defendant Springfield School District to construct a parking lot on a portion of its land located adjacent to plaintiffs property. Plaintiff argued below that restrictive covenants in the district’s chain of title limit use of the land to dwelling purposes and therefore preclude construction of the planned parking lot. The superior court held that the land at issue was not subject to restrictive covenants and, even if it was, the restrictive covenants had been rendered unenforceable by acquiescence, prescription, and changed…