Valley Green Residents Ass'n v. Marmar

DiBONA, G. F., J.,

This matter comes before the court on a hearing for permanent injunction, wherein plaintiff, Valley Green Residents Association, seeks to enforce a building restriction against a lot owner within a Chestnut Hill development known as Valley Green.

The community in question was developed by Landtect Corporation in 1971, which had entered into an agreement with the initial grantees, said agreement being duly filed in the Department of Records of Philadelphia County, thereby becoming a covenant running with the land. The covenant contains the following building restriction upon…