Palmetto Dunes Resort v. Brown

Sanders, Chief Judge:

Respondent Palmetto Dunes Resort sued appellant George F. Brown seeking an injunction prohibiting him from constructing a house on a lot which he owned in a subdivision it had developed. The trial court granted the injunction. We affirm.

Palmetto Dunes developed a residential and resort subdivision on Hilton Head Island. It recorded an instrument containing covenants that restricted certain tracts designated as “Limited Residential” areas. The covenant central to this appeal provides that no building may be constructed upon any lot without Palmetto Dunes’ written approval…