Mannweiler v. LaFlamme

Opinion

IAVERY, J.

The plaintiffs appeal from the judgment rendered for the defendants on the plaintiffs’ complaint seeking a permanent injunction to enforce a restrictive covenant to prevent the defendants from constructing more than one house on a lot. The dispositive issue is whether all of the lots in the subject development, including those of the plaintiffs and the defendants, were subject to restrictive covenants that prevented any owner from subdividing an existing lot and creating additional building lots.

The following facts are necessary for the resolution of this appeal. In 1927, the…