For Your Data Raintree Of Albermarle Homeowners Ass’N Inc. V. Jones Example Brief

Raintree of Albermarle Homeowners Ass’n Inc. v. Jones representative brief summary
413 S.E.2d 340 (1992)

CASE SYNOPSIS

Plaintiff homeowners association brought an activity to enforce a restrictive covenant against accused resident. The Circuit Court of Albemarle County (Virginia) granted partial relief precisely refused to grant an injunction prohibiting the resident from parking a wrecker inwards his driveway. The homeowner's association appealed.

CASE FACTS
The resident contended that the homeowners association waived the restrictive covenant because it permitted other residents to common pickup trucks inwards the subdivision. The homeowners association contended that the resident's truck was a commercial vehicle spell the pickup trucks were mortal vehicles.

DISCUSSION

The courtroom held that all trucks were dependent champaign to the restriction precisely that the homeowners association did non waive the restriction because the failure to enforce the restriction against the pickup trucks did non cut the value of the covenant.
The courtroom held that the resident could hold upwards enjoined from parking inside the section precisely it could non confine parking on an side yesteryear side country road.

CONCLUSION
The courtroom reversed, inwards part, in addition to remanded for the lawsuit courtroom to come inwards an club enjoining the resident from parking his wrecker inside the subdivision.

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