Short v. Maisen

REYNOLDS, Justice.

Defendant-appellant was temporarily enjoined both from construction of a building admittedly intended to be used for, and from engaging in, a commercial business on his premises designated residential and impressed with dedication deed restrictions against commercial enterprises. The complaint made is that the portion of the temporary injunction enjoining defendant from construction of the building exceeded the restricted free use of his property. We agree, and modify the trial court’s injunction accordingly.

The Ridgeview Estates Addition to, but located outside the…