West v. Evergreen Highlands Ass'n

Opinion by

Judge NEY.

Plaintiff, Robert A. West, appeals the judgment entered in favor of defendant, Evergreen Highlands Association, declaring valid a restrictive covenant affecting his real property. We reverse and remand.

This case concerns property located in Evergreen Highlands Subdivision-Unit 4, in Jefferson County. In 1972, protective covenants for the subdivision were recorded in Jefferson County. Paragraph 18 of those covenants stated that:

These covenants shall run with the land and shall bind all parties and all persons claiming under them for a period of ten years from the date of…