Pavia v. Medcalfe

Plaintiff moves for summary judgment, praying for a mandatory injunction requiring the defendant to remove a structure allegedly erected in violation of restrictive covenants and the local Zoning Ordinance regulating height and proximity to plaintiff’s property. Inspired by his studies of structures made of wood in Japan and Scandinavia, the defendant, an architect, has designed and personally helped build a most unique structure, which apparently defies precise classification. It is variously described by the defendant as a “bath annex ” and “ interim residence ”; by Professor James F. Fitch…