Bard v. Rose

This is an appeal by answering defendants, hereinafter called defendants, from a judgment declaring certain tract building and use restrictions unenforceable as to plaintiffs’ lots.

Facts

While there was some conflict in expert opinion, the facts are without substantial conflict. In 1923 the “Peveler” tract at Palm Springs, California, containing 12 building lots, each lot being 137% feet by 100 feet in size, was subdivided through map recordation. The tract is bordered on the east by Avenida de Los Palos Verdes, on the north by Tachevah Drive and on the west by Indian Avenue. A north and south…