AmSouth Bank, N.A. v. British West Florida, L.L.C.

BRYAN, Judge.

Three of the defendants in this action, AmSouth Bank, N.A. (“AmSouth”), Sea Shell, Inc. (“Sea Shell”), and Island House, Inc. (“Island House”), appeal a judgment (1) declaring that the restrictive covenants limiting the use of nine contiguous beachfront lots (“the nine lots”) in Orange Beach to single-family dwellings are unenforceable and (2) denying AmSouth, Sea Shell, and Island House’s counterclaim seeking compensation for the loss of those restrictive covenants. We affirm.

Because the action was tried before the trial judge without a jury and the trial judge heard evidence…