Kohl v. Legoullon

OPINION

RABINOWITZ, Justice.

I. INTRODUCTION

This appeal involves issues relating to the enforcement of covenants setting height and setback restrictions on appellants Patrick and Thu Thi Kohls’ home. Appellees Roger and Sandra Legoullon seek to enforce either the height or setback restrictions against the Kohls, requiring them to remove the top floor of their house. The Kohls argue that they are not in violation of the height covenant, that they received a waiver of the setback covenant, that the Legoullons should be prevented by laches from enforcing the setback covenant, and that the superior…