Glover v. Santangelo

Charles and Arlene Glover (plaintiffs) owned an upper hillside lot (lot 9) with a view of a lake, mountain, and downtown area. A downhill lot directly adjacent to the Glovers’ property (lot 10) was encumbered by a restrictive covenant benefiting lot 9. The restrictive covenant prohibited the erection of a two-story house on lot 10 to protect the view of lot 9. In 1990, the owner of lot 10, Victor Santangelo (defendant) began building a two-story house on lot 10. As soon as the Glovers realized that their view would be impacted, they sued Santangelo to obtain a temporary injunction against further construction. The trial court denied the injunction but cautioned Santangelo that any further construction was at his own peril. Santangelo completed construction as planned without modification, and the house obstructed the Glovers’ western view. The Glovers requested a permanent injunction. They testified that the view from lot 9 was a crucial factor in their decision to buy the property. Following a trial, the court found that Santangelo had violated the restrictive covenant by building a two-story house with full knowledge of the covenant. The court further found that it was very difficult to determine damages with respect to the Glovers’ loss of view and issued a mandatory injunction ordering Santangelo to remove the encroaching structure. Santangelo appealed, challenging the propriety of the remedy.