Bogardus v. Zinkevicz

The plaintiffs appeal a decision by the Superior Court (M. Flynn, J.), denying their petition for a permanent injunction to enforce a restrictive covenant on the defendants’ property. The trial court ruled that the plaintiffs’ claim was barred under the doctrine of laches, and found that enforcement of the covenant would result in hardship to the defendants and constitute economic waste. We reverse and remand.

The facts found by the trial court include the following. The plaintiffs and the defendants are owners of lots in a residential subdivision in Derry, known as Olde County Estates. The…