Wisneiwski v. Starr

Appellant appeals from the trial Court's granting of a mandatory injunction, finding Appellant to be in violation of a restrictive covenant contained in a deed. We affirm.

In 1973, Plaintiff-Appellee Thomas A. Mattox made plans for the subdivision of a tract of land owned by him and his wife in Calhoun County, Alabama. The deeds to each individual lot, conveyed pursuant to that plan, contained the following restrictive covenant:

"Use of said parcel is restricted to residential purposes and there can be placed on said parcel of land no more than one residence or one mobile home. . . ." (Emphasis…