Nelle v. Loch Haven Homeowners’ Association, Inc.
Florida Supreme Court
413 So. 2d 28 (1982)
Landowners in the Loch Haven Subdivision purchased their lots subject to certain recorded restrictive covenants. The deeds stated that the restrictions were to run with the land and were enforceable by any landowner in the subdivision. Further, the deed retained for the developer the right to modify the restrictions. The plaintiff brought suit seeking to enforce the restrictive covenants with a permanent injunction. The court of appeal held that the plaintiff had the right to do so. The defendant appealed, arguing that the plaintiff did not have authority to enforce the restrictions.
Rule of Law
Holding and Reasoning (Adkins, J.)
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