B.B.P. Corp. v. Carroll

OPINION

RABINOWITZ, Justice.

A subdivider, B.B.P. Corporation (BBP), brought suit against several residents of the subdivision to enforce two protective covenants requiring the cutting of trees. The questions raised on appeal are (1) whether enforcement of the covenants is barred, and (2) whether all of the subdivision residents are indispensable parties.

I

BBP appeals from a summary judgment granted on the ground that the resident owners had abandoned the covenants in question. Therefore, the facts below are set forth in the light most favorable to BBP. See Wilson v. Pollet, 416 P.2d 381, 383-84…