Stergios v. Forest Place Homeowners' Ass'n

GUITTARD, Chief Justice.

Forest Place Homeowners’ Association obtained a mandatory injunction requiring Angelo Stergios and Jack Wojewski to remove a “composition roof” from a house under construction. The roof was alleged to violate a restrictive covenant prohibiting composition roofs in the Forest Place addition. The trial was before the court without a jury, and no findings of fact were made or requested. We hold that the evidence is sufficient to support the court’s implied findings that use of the roofing in question is a distinct and material breach of the covenant and that the covenant…