Ellis v. George Ryan Co., Inc.

ROBERTSON, Judge.

John H. Ellis, Jr. (Ellis) and other property owners, who were successors in interest to a restrictive covenant, appeal the judgment rendered in favor of the George Ryan Company, Inc., (Ryan). The trial court held that the covenant was void as a matter of law because it was not signed by all of the property owners and that there had been a waiver or acquiescence of the enforcement of the restrictions.

We affirm.

Ryan sought a declaratory judgment to determine the validity of the covenant. The covenant prohibited dwellings of certain sizes, lot sizes, retail or wholesale…