Heritage Heights Home Owners Ass'n v. Esser

OPINION

HAIRE, Judge.

This case involves a dispute concerning the removal of a wooden “grapestake” fence constructed in violation of restrictions in a subdivision deed. The plaintiff Heritage Heights Home Owners Association brought suit to enforce the restriction. After a trial based on stipulations, the trial judge entered a judgment ordering the plaintiff Association to grant a five year variance for the offending fence within 30 days or he would dismiss the suit with prejudice. He also denied the Association recovery of its costs and attorneys’ fees. The Association appealed both the forced…