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Rhue v. Cheyenne Homes, Inc.
Colorado Supreme Court
168 Colo. 6, 449 P.2d 361 (1969)
Rhue (defendant) intended to relocate a 30 year old house into a modern subdivision. The subdivision’s protective covenants prohibited the construction or location of any building in the subdivision without advance approval of the subdivision architectural control committee. Rhue did not submit plans for committee approval. Cheyenne Homes (plaintiff) petitioned for an injunction prohibiting the placement of Rhue’s house. The trial court awarded the injunction and Rhue appealed on grounds that the covenant was unenforceable for lack of any explicit approval criteria.
Rule of Law
Holding and Reasoning (Pringle, J.)
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