Goldberg v. Al Tinson, Inc.

The question presented is whether the superior court properly quieted title to two parcels of property, which had express land use restrictions in their deeds, because of significant changes within the surrounding neighborhood. We hold that it did.

After finding that the surroundings had significantly altered so “as to defeat the purposes of any claimed restrictions”, the trial court ruled that the restrictions were no longer enforceable. Defendants’ exceptions were reserved and transferred by Batchelder, J.

All parties in this action are successors in title from a common grantor. White…