Ervin v. DELONEY CONST., INC.

The plaintiff, Monty W. Ervin, appeals from a summary judgment entered in favor of the defendant, Deloney Construction, Inc. ("Deloney"), in Ervin's suit for an injunction prohibiting Deloney from constructing a house on certain property located in the Cherokee Acres Subdivision in Houston County, Alabama, and ordering Deloney to remove any structures already constructed on the lot.

Ervin argues that a restrictive covenant applicable to the subdivision prohibited Deloney's construction of a dwelling on Lot 1 of the subdivision and that the trial court erred in its interpretation and…