Smith v. Moore

PEDEN, Justice.

The plaintiffs sought a declaratory judgment holding that certain building and use restrictions embodied in a recorded instrument called the “Agreement Creating Sha-dyside,” and incorporated by reference in the original conveyances of lots in the subdivision, are of permanent or indefinite duration (at least until there is an abandonment or waiver of them or a substantial change of conditions so as to make them unenforceable). Alternatively, they asked that the owners of a majority of the lots be declared authorized to amend, alter or extend the duration of the restrictions.…