Sonoma Development, Inc. v. Miller

In a decree dated July 29, 1998, the circuit court upheld the validity of a “Declaration of Restriction” and ordered Sonoma Development, Inc. (Sonoma), to remove all improvements that were within three feet of the north wall of a residence owned by Girard C. Miller and Lynn E. Miller (the Millers). In granting the Millers’ motion for summary judgment, the circuit court stated that “there was a valid declaration of restriction on the property recorded, that there was privity between the original parties, that it was the intent and, in fact, actually said in the restriction itself that it was…