Grange v. Korff
Iowa Supreme Court
79 N.W.2d 743 (1956)
- Written by Sean Carroll, JD
Facts
Carlton Korff (defendant) purchased a lot in a subdivision. The subdivision restricted use of the lots to residential purposes. This restriction was contained in Korff’s deed. Korff sought to build and operate an auto trailer court on his lot. Grange and other lot owners in the subdivision (plaintiffs) brought suit seeking to enforce the subdivision’s restrictive covenant and enjoin the construction and operation. Korff argued that the circumstances in the neighborhood had changed such that the restriction should be terminated. Specifically, Korff asserted that some of the other lot owners routed sewage past Korff’s lot, causing an odor and occasionally leaking sewage. Additionally, Korff cited one lot owner who raised and sold dogs. Finally, Korff cited the abandonment of a railroad that ran alongside his property. The trial court upheld the restrictive covenant. Korff appealed.
Rule of Law
Issue
Holding and Reasoning (Garfield, J.)
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