Morris v. Nease

238 S.E.2d 844 (1977)

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Morris v. Nease

Supreme Court of Appeals of West Virginia
238 S.E.2d 844 (1977)

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  • Written by Josh Lee, JD

Facts

Dr. William Nease (defendant) purchased property in a neighborhood with restrictive covenants and opened a chiropractic clinic in 1972. The restrictive covenants limited the use of the property to residential uses and were put in place in the early 1900s. Since that time, the character of the surrounding area had changed, and several businesses were located nearby. Additionally, the previous owner of Nease’s property had divided the property into five rental units. Some of Nease’s neighbors (plaintiffs) sued Nease, seeking to enforce the restrictive covenants. The trial court ruled in favor of the plaintiffs, and Nease appealed.

Rule of Law

Issue

Holding and Reasoning (Neely, J.)

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Casebooks

Property

Key Terms

  • Restrictive CovenantAn agreement that requires one of the parties to refrain from taking a particular action.
  • Changed Conditions DoctrineA court will not enforce a restrictive covenant where a fundamental change has occurred in the neighborhood such that the enforcement of the restriction would not provide the intended benefit.

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