Warren v. Detlefsen
Court of Arkansas, 1984.
Ark. 196, 663 S.W.2d 710.
Facts: Warren Construction developed
three subdivisions.† They had built a
number of single-family homes and were now starting to build two duplexes.† The residents sued to enjoin them to build
the duplexes, claiming that they were promised that all the lots in the
development would be built up with single family homes.† The trial court found that a restrictive
covenant existed that restricted the use of the subdivisions for single family
homes only.† Warren appealed.
Issue: Did the trial court rule
correctly that a restrictive covenant was created such that Warren may not build duplexes?
Analysis: Basically, the court finds
two grounds for a negative covenant: the actual language of the deed, and the
statements of the Warrens plus the reliance upon
those statements by the residents.
Conclusion: The trial courtís judgment
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