Irby v. Freese

STEPHENS, Judge.

This matter arises out of a 12 February 2008 action brought by Plaintiffs to enforce certain restrictive covenants encumbering Defendant Gail Wilkins Freese’s (“Freese”) property and seeking damages for violations of those restrictions. Following a bench trial, on 4 May 2009, the trial court entered judgment denying Plaintiffs’ claims and dismissing Plaintiffs’ action with prejudice, concluding that Plaintiffs’ action was barred by the equitable doctrine of laches. For the reasons set forth below, we reverse and remand.

I. Factual Background and Procedural History

Pierce Butler…