Legal Opinion
BEELER DEVELOPMENT COMPANY v. Dickens
Supreme Court of Iowa
Decided March 12, 1963No. 50817PublishedCited by 8 opinions
1Opinion of the CourtThornton, J.
— Plaintiff, Beeler Development Company, brings this action to enjoin the enforcement of a restrictive covenant providing, “No residential lot shall be re-subdivided.’’ Defendant lot owners in their cross-petition ask plaintiff and those holding under it be enjoined from present and future violations. The trial court enjoined plaintiff and those holding-under it and it appeals.
The land in question here was platted as C. R. Regan Addition to Iowa City in August of 1940. The dedication of the plat as filed included restrictive covenants. The intention of the proprietor is expressed thus,
“Whereas…
2Cases cited14 opinions
- Ludgate v. SomervilleOregon Supreme Court · 1927
- Wallace v. St. ClairWest Virginia Supreme Court · 1962
- Thodos v. ShirkSupreme Court of Iowa · 1956
- Johnson v. RobertsonSupreme Court of Iowa · 1912
- Jones v. BeiberSupreme Court of Iowa · 1960
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3Cited by8 opinions
- Horace Case v. Arthur E. MorrisetteCourt of Appeals for the D.C. Circuit · 1973
- Maher v. Park Homes, Inc.Supreme Court of Iowa · 1966
- Stockdale v. LesterSupreme Court of Iowa · 1968
- McSweyn v. Inter-Urban Railway CompanySupreme Court of Iowa · 1964
- Ashley v. KehewSupreme Court of Rhode Island · 2010
3 more not listed; retrieve them via the Exa API.