Piechowski v. Case

PORTER, Justice.

This case involves a restrictive covenant which is a part of a residential subdivision plat. To resolve the case we must interpret the covenant to determine whether certain uses now projected for the “Park and Commercial Area” of the plat by appellant sub-dividers violate the covenant and may be enjoined by respondents who are homeowners within the platted subdivision. We affirm the judgment granting respondents a permanent injunction.

In 1963 appellants 1 platted “Riverside Acres” as a residential subdivision, with six blocks containing a total of ninety-six lots, and a “Park…