Hicks v. Cox

OPINION

SUSANO, Judge.

The plaintiff, David Hicks (“Hicks”), 1 sued Gene E. Cox (“Cox”) and Connie Whittaker (“Whittaker”) 2 , each of whom owns an interest in property immediately adjacent to Hicks’ subdivision lot, seeking to enforce deed restrictions that prohibit, among other things, the placing of “trailers” on the defendants’ property. The trial court held that, even assuming the restrictions pertaining to the defendants’ property were broad enough to cover Whittaker’s single-wide mobile home, the “enforcement of such restriction has been waived or [Hicks] should be es-topped to enforce…