Shippan Point Ass'n v. McManus

The plaintiffs1 appeal from the denial of their request for an injunction in their action to enforce a covenant prohibiting the construction of more than one dwelling on the defendants’ property.2 The defendants pleaded special defenses of changed circumstances, the statute of limitations, laches and comparative hardship. The plaintiffs claim that the trial court improperly (1) concluded that the history of their property did not establish a basis for an injunction and (2) refused to enforce a restrictive covenant under the retained land theory. We affirm the judgment of the trial court.

The…