California District Court of Appeal, Second District
41 Cal. Rptr. 376 (1964)
In 1923, a tract of land in the Los Angeles neighborhood of Hancock Park was subdivided and subjected to deed restrictions. The restrictions required each lot to be used for a single private residence. Bolotin (plaintiff) owned an unimproved lot on the northeast corner of Wilshire Boulevard and Hudson Avenue. Rindge (defendant) owned property on the same street. The lots were subject to the deed restrictions. Wilshire Boulevard became more commercial over time. Bolotin sought to build a commercial building on his lot, and he sued for declaratory relief and to quiet title against the deed restrictions. The trial court found that due to Wilshire Boulevard’s changed character, Bolotin’s lot had no substantial value if used solely as a single-family residence. The court also found that failure to enforce the deed restrictions would not adversely affect the market value of the other lots in the tract. Accordingly, the court declared the deed restrictions to be unenforceable in part.
Rule of Law
Holding and Reasoning (Files, J.)
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