Traweek v. Lincoln

The defendant, Danny L. Traweek, appeals from a judgment entered in favor of the plaintiffs, John K. Lincoln, Jr., and G. Daniel Kearley, in their action to enforce the restrictive covenants that encumber the lots in Funderburg Cove Subdivision ("the subdivision") in St. Clair County. We reverse and remand with instructions.

In 1964, the then owners of the land constituting the subdivision created and recorded restrictive covenants that encumbered the lots in the subdivision. In pertinent part, the restrictive covenants provide:

"[T]he owners and developers of all the property known as the…