Stockdale v. Lester

LARSON, Justice.

I respectfully dissent.

I. As the majority concedes, restrictions on the free use of property are strictly construed against the party seeking to enforce them; they will not be extended by implication or construction beyond the clear and unambiguous meaning of their terms. All doubts will be resolved in favor of the unrestricted use of the property. Jones v. Beiber, 251 Iowa 969, 971, 972, 103 N.W.2d 364, 365; Maher v. Park Homes, Inc., 258 Iowa 1291, 1296, 1297, 142 N.W.2d 430, 434. See also Albrecht v. State Highway Commission (Mo.), 363 S.W.2d 643, 645, and citations; Bove…