State Ex Rel. Crow Wing Environment Protection Ass'n v. City of Breezy Point

I respectfully dissent. The settlement stipulation does not prohibit the conduct enjoined. The stipulation expressly restricts the number of campsites allowed at the Whitebirch property, not the use of the property. A determination that the stipulation restricts the use of the property is contrary to the rule governing interpretation of restrictions on the free use of property. In Costley v. Caromin House Inc., 313 N.W.2d 21 (Minn.1981), the Minnesota Supreme Court stated:

Restrictive covenants are strictly construed against limitations on the use of property. * * * Since the law favors the…