Brookside Community, Inc. v. Williams

DUFFY, Chancellor.

Brookside Community, Inc. (BCI), plaintiff, seeks a mandatory injunction compelling Harvey F. Williams, defendant, to remove a fence which allegedly violates restrictive covenants contained in his and all other deeds to properties in Brookside. This is the decision after final hearing.

A

BCI is a Delaware corporation organized about 1953 to develop and administer the community known as Brookside which consists of 1,345 houses with a population of about 8,500 persons. Plaintiff is now a “civic association” with a Deed Restriction Committee whose function is to enforce…