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Traweek v. Lincoln

Court of Civil Appeals of Alabama
984 So.2d 439 (2007)


Facts

Lincoln (plaintiff), Kearley (plaintiff), and Traweek (defendant) each own lots in the Funderburg Cove Subdivision. The lots are subject to restrictive covenants that were created in 1964. The covenants prohibit the placement of a structure on a residential building lot greater than two stories high. They also limit the use of such structures to residential purposes. In 2005, Traweek placed a mobile home on his property and used it for business purposes. Lincoln and Kearley sought a judgment declaring that Traweek violated the restrictive covenant by placing the mobile home on the lot and sought an injunction requiring Traweek to remove the mobile home. Traweek argued that the restrictions were only applicable to residential lots, and since he used the lot for a business purpose, the restrictive covenants did not apply. Traweek also argued that the language of the covenants did not expressly prohibit the placement of mobile homes on the residential lots. The trial court found that Traweek violated the restrictive covenants and issued the injunction against him.

Rule of Law

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Issue

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Holding and Reasoning (Bryan, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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