Cullen v. Tarini

OPINION

Chief Justice SUTTELL,

for the Court.

A landowner’s efforts to protect his “spectacular” ocean views underlie this appeal. More specifically, we are asked to address the enforceability of restrictive covenants against a neighboring landowner, notwithstanding the neighbor’s expenditure of over $1 million to construct a house that violates the restrictions in several key respects.

The defendants, Robert and Nellie Tari-ni and Hammersmith Investment Associates, LLC, appeal from a Superior Court judgment granting a permanent injunction to enforce the restrictive covenants. On appeal,…