Heinsohn v. William Clairmont, Inc.

GIERKE, Justice.

Harlan Heinsohn appeals from a judgment dismissing his alternative claims against William Clairmont, Inc. [Clairmont] for permanent injunctive relief and rescission of his purchase of lots in a residential subdivision. We affirm.

The circumstances giving rise to this action are set forth in Heinsohn v. William Clairmont, Inc., 333 N.W.2d 697 (N.D.1983), and need not be repeated here. Briefly stated, Heinsohn claimed that Clair-mont, as owner and developer of the lots, constructed a townhouse “over two stories in height” in violation of a restrictive covenant. At the time of the…