Thomas v. Depaoli

I respectfully dissent.

The portion of the trial court’s judgment pertinent to this appeal is contained in paragraph 11 of the trial court’s findings where this language appears:

The tight and high privacy fence (approximately six feet high and solid construction) is in violation of Restrictive Covenant No. 3 as to the front set back line or front yard set back. As it is now constructed, the fence constitutes a building within the language of ‘no dwelling, including porches or terraces or any other building’ as stated in Restrictive Covenant No. 3.

Restrictive covenant No. 3 does not mention…