Schartz v. D R B & M Real Estate Partnership

621 P.2d 1024 (1982)

From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

Schartz v. D R B & M Real Estate Partnership

Kansas Court of Appeals
621 P.2d 1024 (1982)

JW

Facts

Wade Schartz, Thon Schartz, Edna Schartz, and William Esfeld (plaintiffs) owned commercial real estate properties in the same subdivision. All property in the subdivision was subject to a restrictive covenant that required buildings to be set back 80 feet from one of the subdivision’s boundaries. The restrictive covenant was recorded with the subdivision property deeds. In 1975, Esfeld sold a subdivision lot to D R B & M Real Estate Partnership (DRBM) and Taco Tico, Inc. (Taco Tico) (defendants). DRBM built a store on the property that violated the setback. During the construction, Esfeld saw where the building was being built, but Esfeld did not mention the restrictive covenant to DRBM. After Wade Schartz’s tenant complained about the DRBM building, Wade Schartz contacted his attorney. By the time the attorney sent a letter to DRBM regarding the setback requirement, however, the building was complete. The plaintiffs sued DRBM and Taco Tico seeking an injunction requiring DRMB to get the building out of the setback area. DRBM told the court that, before receiving Wade Schartz’s letter, DRBM did not know about the restrictive covenant’s setback requirements. DRBM and Taco Tico argued that the plaintiffs were not entitled to the injunction because of the equitable doctrines of laches and clean hands. The trial court held that laches applied to Esfeld because he did not speak up sooner. The trial court also held that Edna Schartz did not have clean hands because her building was inside the setback area. Nevertheless, the trial court granted the injunction, effectively forcing DRBM to remove the building. DRBM and Taco Tico appealed.

Rule of Law

Issue

Holding and Reasoning (Meyer, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 798,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 798,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 798,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership