Struck / unenforceableconfidence: medium
“We find the restrictive covenant cannot be enforced as written, the defendants’ proposed modification is not a practical or effective way to carry out the original purpose of the covenant, and the covenant should be terminated.”
Covenant language at issue“No building or other structure shall be erected on any lot in this addition without the approval of the architectural control committee consisting of David W. Lundy and/or Dennis J. Britt. This shall be interpreted to include approval of the structure, design, building materials, site plan, landscap…”
CourtListener #4150010