Baxendale v. Property Owners Ass'n of North Shore Acres, Inc.

Action for a judgment declaring that restrictive covenants affecting a certain lot owned by plaintiffs do not prevent the construction thereon of a public road. The covenants provide that such property shall be known and described as a residential plot and restrict the character and use of buildings to be erected thereon. It is further provided therein that no noxious or offensive trade shall be carried on thereon, nor shall anything be done thereon which may be or become an annoyance or nuisance of the neighborhood. Judgment in favor of plaintiffs, entered upon a stipulation as to the facts,…