Cunningham v. Gross

OPINION

W. JOHN BRENNAN, District Judge. *

Plaintiffs originally brought an action for declaratory and injunctive relief to enforce protective covenants in the form of building height restrictions. Defendants responded with a motion for summary judgment asserting that the restrictive covenants were not violated. The district court granted summary judgment on grounds that any alleged covenant violation was de minimis. Plaintiffs appeal.

The sole question presented is whether the district court properly exercised its equity powers in granting summary judgment.

Plaintiffs are lot owners in the…