VICTORVILLE WEST LIMITED PARTNERSHIP v. THE INVERRARY ASSOCIATION, INC.

Appellant purchased a golf course with a restrictive covenant and now seeks to cancel the covenant because the golf course has become unprofitable. Appellant contends there has been a substantial change in circumstances such that the covenant’s purpose can no longer be carried out and that the covenant is an unlawful restraint on alienation. Additionally, appellant argues that the statute of limitations did not bar its claim. Thus, we are confronted with the issue of whether a property owner may cancel, a restrictive covenant when that covenant has become financially onerous. Although we find…