Buie v. Johnston

VAUGHN, Justice.

The questions presented come to us as follows. Defendant’s property is subject to restrictive covenants which, among other things, prohibit more than one dwelling. Defendant knowingly began construction of a second dwelling in violation of the covenants. On 17 August 1979 plaintiffs started their action to enjoin that conduct. Defendant, with counsel, stipulated there would be no further construction while the case was pending. Exhibits and affidavits were offered by plaintiffs including pictures showing the foundation and plans for the additional building.

By order entered 25…