Douglass v. Capital City Church of Nazarene

This is an appeal from an order of the trial court denying plaintiffs' motion for relief under Rule 60 (b), Alabama Rules of Civil Procedure. We affirm.

On April 23, 1981, plaintiffs filed their complaint seeking injunctive relief to prevent the defendant, Capital City Church of the Nazarene, from building church facilities on a certain lot located within Green Acres subdivision. Plaintiffs' complaint alleged the existence of certain protective covenants, and quoted from them:

"These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a…