Elite Realty Services, Inc. v. City of Auburn

Benham, Chief Justice.

Elite Realty Services, Inc. (Elite) owns a lot in Heatherwood subdivision in the City of Auburn and moved onto the lot a structure built on another site, intending to renovate and add to the structure. When it applied for a building permit, the City denied it. In a mandamus action Elite filed to require issuance of a permit, residents of Heatherwood intervened seeking an injunction against the placement of the structure in the subdivision, contending that moving an existing structure into the subdivision violated a protective covenant which permitted only “site built”…