Skinner v. Henderson

STEWART, Judge.

This is a civil action in equity initiated by plaintiffs, individually and as Trustees of Briarcliff Subdivision to permanently enjoin defendants from erecting, occupying, using and maintaining a certain swimming pool enclosure, and further to enjoin defendants from erecting any swimming pool enclosure without prior written approval of the trustees in violation of the subdivision trust indenture. The trial court, sitting without a jury, found that the swimming pool enclosure was a structure, within the meaning of the prohibition of the indenture, and entered judgment for the…