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Rhue v. Cheyenne Homes, Inc

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Bloomberg Law

Citation. 22 Ill.168 Colo. 6, 449 P.2d 361 (1969)

Brief Fact Summary. Cheyenne Homes, Inc. (Plaintiff) obtained an injunction against Rhue (Defendant), who was attempting to move a thirty-year-old Spanish style house into a neighborhood, which required any plans for new buildings to be submitted to an architectural control committee for approval.

Synopsis of Rule of Law. When the restrictive covenant of a subdivision required committee approval for plans prior to building, such an arrangement will be upheld, provided that the committee does not unreasonably withhold its consent or refuses plans in an arbitrary and capricious manner.


Facts. The protective covenant at issue contained the requirement that no building shall be placed on any lot without the consent of the architectural control committee, after review of the plans of any proposed building. The stated purpose of the covenant was to protect the property values in the community. Plaintiffs succeeded in obtaining an injunction at the lower court level. The Defendants appealed.

Issue. Should the Defendant be enjoined from placing the house on the lot without the consent of the planning committee (who testified that they would not approve)?
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