Lakewood Racquet Club, Inc. v. Jensen

¶1 In 1962, A. Dwight Orr Sr. sold about 10 acres of undeveloped land near his family’s home to the Lakewood Racquet Club (Club). Covenants in the real estate contract and fulfillment deed forbid the Club from subdividing, building residences, or using the land for any *218purpose besides a “tennis, swimming, and squash club” without the consent of Orr or his heirs. In 1976, Orr’s heirs sold the remaining family property to third parties. In 2007, the Club sued Orr’s heirs after they withheld consent to the Club’s plan to build 24 residences on the 10 acres. The trial court declared that the…