Day v. Santorsola

Russell and RuthAnne Day purchased a lot in the Burton Estates subdivision. The subdivision has restrictive covenants which require a committee (Committee) to consent to construction of a house. The Committee rejected proposed plans for the Days’ house. The Days sued the Committee and all the property owners, alleging that the Committee’s rejection of their plans was not permitted under the covenants and that the Committee acted unrea*749sonably and in bad faith. The trial court concluded that the intent of the covenants was to regulate the height of houses, not to protect view, and that the…