West Alameda Heights Homeowners Association v. Board of County Commissioners

169 Colo. 491, 458 P.2d 253 (1969)

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West Alameda Heights Homeowners Association v. Board of County Commissioners

Colorado Supreme Court
169 Colo. 491, 458 P.2d 253 (1969)

SC

Facts

The Newtons (defendants) operated the West Alameda Heights Subdivision. The Newtons planned construction of two large shopping centers on undeveloped lots in the subdivision. Pursuant to restrictive covenants, the subdivision was restricted to residential uses. The stated purpose of the covenant was to ensure the residential nature of the subdivision. Indeed, most of the rest of the subdivision had been developed residentially. The West Alameda Heights Homeowners Association (plaintiff) brought suit seeking, based on the restrictive covenant, to enjoin the construction of the shopping centers. The homeowners presented evidence that the construction would increase traffic in the subdivision, thus decreasing property values. The district court voided the restrictive covenant on the ground that the neighborhood surrounding the subdivision had become more commercial and the specific lots were not suitable for residential uses. The district court then denied the request for an injunction. The homeowners appealed.

Rule of Law

Issue

Holding and Reasoning (Day, J.)

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