Carlson v. Kantor

WARREN, LAMAR, Associate Judge.

This is an appeal from a final judgment denying relief for removal of deed restrictions based on changes in the neighborhood. We reverse.

Plaintiffs, appellants here, who are owners in fee simple of certain lots, sought the removal of a recorded deed restriction providing .that the lots should be used exclusively as a home or place of residence for one family only. The plaintiffs testified that at the time they purchased the property they did not know about the restriction.

It was contended that owing to the general growth and development of the surrounding area…