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Head v. Gray

938 So.2d 1084 (2006)

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Head v. Gray

Louisiana Court of Appeal

938 So.2d 1084 (2006)

Facts

Cypress Point was a subdivision in Louisiana with a protective covenant that created building restrictions on the lots in the subdivision. The restrictions provided that no lot could be used except for residential purposes and that no temporary structures, including trailers, mobile homes or other outbuildings, could be placed on the lot. The covenant stated that structures could be “placed or erected” on lots and did not include any aesthetic restrictions. Richard and Cinder Mutter constructed a modular home in the subdivision on a lot owned by Adolphus Gray (defendants). The home consisted of two large units that were transported to the lot, placed on and attached to a permanent foundation, connected to each other, and then finished with a rafter-framed roof that created a pitched attic space. The modular units were built from wood studs and complied with all building-code requirements that would apply to a site-built home. A group of other homeowners in the subdivision (plaintiffs) brought an action for injunctive relief, alleging that the Mutters’ modular home violated the subdivision’s building restrictions. The trial court held that the home did violate the covenant and ordered the removal of the home from the lot. Gray and the Mutters appealed.

Rule of Law

Issue

Holding and Reasoning (Caraway, J.)

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