Williams v. BROOKSIDE COMMUNITY INC.

Defendant-appellant Harvey F. Williams (hereinafter “Williams”) appeals from an order in the Court of Chancery, 290 A.2d 678, granting an injunction in favor of plaintiff-appellant Brookside Community, Inc. (hereinafter “Brookside”) which requires Williams to remove a fence he had constructed on his property in violation of a restrictive covenant in his deed.

Brookside is a Delaware corporation to develop and administer the community of Brookside, which consists of 1345 homes and approximately 8500 people. One of the deed covenants common to all of the Brookside properties prohibits the…