Shapiro v. Levin

Opinion by

Hoffman, J.,

Appellant instituted this declaratory judgment action 1 in order to determine whether the erection of an eight unit 2 townbouse-apartment complex would violate a covenant created by a 1902 deed which provides “that the ... owners and occupiers of [certain] lots of ground . . . shall not at any time hereafter erect more than one dwelling house which shall cost at least four thousand five hundred ($4,500.00) to construct and one stable appurtenant thereto . . . .” 3 The lower court held that the restriction does prohibit the proposed construction and We affirm.

A simple…