Hyde v. Liebelt

I dissent.

The majority opinion omits the issue on appeal. The complaint seeking declaratory relief prayed:

[TJhat the Court enter judgment declaring that the restrictive covenants in the contract for deed are personal in nature and do not run with the land or in any way affect a subsequent purchaser; or, in the alternative, that the Court enter a judgment declaring the uses which a motel existing on adjacent property may make of the property in dispute without violating the restriction.... (emphasis added).

The majority omits and ignores the underscored portion of the prayer for declarative…