Andrews v. Benson

OPINION

DAVIES, Judge.

The trial court granted summary judgment, holding that the statutory right to termination of protective covenants in 30 years had vested upon creation of the covenants in 1957 and that the covenants were not extended by the repeal of Minn.Stat. § 500.20, the 30-year law, in 1982. We reverse and remand.

FACTS

All the parties in this case own property in an area of Wayzata which fronts on Meeting Street, a private road jointly maintained by the parties. Appellants dispute respondents’ right to subdivide their lots notwithstanding protective covenants prohibiting development.

Th…