Friedberg v. Riverpoint Building Committee

The broad question which confronts us in this appeal, in a declaratory judgment proceeding at law, is whether the owners of a platted lot in a residential subdivision may resubdivide and build on the newly created parcels, under the circumstances of this case, considering the applicable restrictive covenants.

In an amended motion for judgment, appellants J. F. Friedberg and Martha Friedberg, his wife, proceeded against Riverpoint Building Committee, the defendant below, seeking a declaration that “plaintiffs have the right to subdivide their property in the manner set forth [in the amended…