Rhue v. Cheyenne Homes, Inc.

In the trial court, Cheyenne Homes, Inc., obtained an injunction prohibiting Leonard Rhue and Family Homes, Inc., hereinafter referred to as plaintiffs in error, from moving a thirty year old Spanish style house into a new subdivision which was about 80% improved and which contained only modern ranch style or split level homes.

At the time that the subdivision in which the plaintiffs in error seek to locate this house was platted, the owner placed upon the entire area certain restrictive covenants contained in a “Declaration of Protective Covenants,” which was duly recorded. As recited in the…