Legal Opinion

Nakis v. Cross

Supreme Court of Georgia

Decided October 22, 1980No. 36740PublishedCited by 3 opinions

1Opinion of the Court

Undercofler, Chief Justice.

This appeal involves the interpretation of restrictive covenants in the Dogwood Estates subdivision in DeKalb County. Barbara Cross sought to enjoin her neighbor, Betty Ann Nakis, from maintaining an aluminum tool shed in her backyard, claiming such a structure is forbidden by the subdivision’s restrictive covenants. The trial court granted an interlocutory injunction and Mrs. Nakis appeals. We reverse.

Restrictive covenants, prohibiting the unfettered use of one’s land, must be strictly construed. Pritchett v. Vickery, 223 Ga. 490 (156 SE2d 459) (1967); Wiggins v.…

2Cases cited2 opinions

  1. Wiggins v. YoungSupreme Court of Georgia · 1950
  2. Pritchett v. VickerySupreme Court of Georgia · 1967

3Cited by3 opinions

  1. Gosnay v. Big Sky Owners Ass'nMontana Supreme Court · 1983
  2. Boehm v. ProctorCourt of Appeals of Georgia · 1992
  3. Gosnay v. Big Sky Owners Ass'nMontana Supreme Court · 1983

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