Rice v. Heggy

Plaintiff-appellants, as the owners of certain lots, instituted the present action for declaratory relief, seeking an adjudication that the erection of multiple unit dwellings would not constitute such a violation of single family restrictions in the deed as to be actionable by the defendants. It was plaintiffs ’ contention that certain violations of the deed restrictions had occurred within the contract and that there had been important changes in the character of the nearby properties and the population usage.

It was defendants’ theory that any violations or changes which had occurred were…