Brennan v. Kos

All the parties to this complaint for injunctive relief reside in and own houses situated in Heritage Lane, Westfield. They hold title to their properties under deeds containing, by reference, a restrictive covenant the terms of which are recited in a recorded common subdivision plan. During the academic periods of 1978 through 1981, the defendants, husband and wife, rented rooms in their house to three college students to whom they are not related. These rentals were permissible under the ap plicable zoning ordinance, 1 but, as alleged by the plaintiffs, they were in violation of the…