Harrison v. Air Park Estates Zoning Committee

Harrison (defendant) purchased a lot within a subdivision that had been developed for the purpose of providing “homesites for people who like airplanes.” The subdivision was built so that the property owners could build both an airplane hangar and a home on each lot. The deed to Harrison’s lot contained certain restrictive covenants and provided that a hangar could be built before the home was built. It also provided that the covenants could be modified by a three-fourths majority vote of the property owners, with one vote per lot, within the subdivision. Subsequent to Harrison’s purchase of his lot, a meeting of the property owners was scheduled to discuss modifications of the covenants. Because not enough property owners attended the meeting to modify the covenants, a petition to modify was circulated, with over three-fourths of the property owners signing the petition and voting to amend the covenants. The covenant was amended to provide that a hangar could not be built on a lot prior to the construction of a home. Harrison submitted a plan to the Air Park Estates Zoning Committee (the committee) (plaintiff) for the construction of a hangar on his lot. The committee rejected his plans because Harrison had not yet built a home on his lot. Harrison began construction on the hangar without approval, and the committee filed a lawsuit seeking an injunction. The trial court issued a temporary injunction prohibiting Harrison’s construction of a hangar on his lot, and Harrison appealed.