Dauphin Island Property Owners Ass'n v. Pitts

PITTMAN, Judge.

On October 20, 2006, the Dauphin Island Property Owners Association, Inc. (“the Association”), filed an action to prevent Chris Pitts and Ashley Pitts from building a residence that, the Association claimed, was in violation of the applicable restrictive covenants of the Indian Bay subdivision, which is located within the municipal limits of the Town of Dauphin Island (“the Town”). The trial court denied the Association’s request for a temporary restraining order on October 26, 2006.

On October 27, 2006, the Pittses filed a motion to add their neighbors, Dr. Jon Botts and his…