Brief Fact Summary. The state has a land use plan with old restrictions that are now impeding development.
Synopsis of Rule of Law. When a restrictive covenant would impede the reasonable use of land, it will not be enforced.
Issue. If the reasonable use of land is being prevented by a restriction, must the restriction be reasonably enforced?
Respondents have an actual and substantial benefit in the enforcement of the restriction, and the proposed building will violate it. The light and air in the apartments will be affected by the new building.
Though the restriction is not obsolute, it will not be specifically enforced. Money damages will be awarded to Respondents.
Since the restriction was originally created, the neighborhood has gone through drastic changes. High-rise buildings have replaced family residences. The bridge will have only a modest impact in view of the drastic changes that have happened in the area.
Enforecment of the restriction would impede reasonable use of the land for purposes for which it is most suitable. Petitioners’ proposal is the most suitable use of the land.
The magnitude of the harm to Petitioners in specific enforcement of the restriction exceeds that to Respondents in its denial. The public interest also supports the construction of a new building.
Money damages will be awarded to Respondents in lieu of specific enforcement.
All questions of law, fact and discretion are open for our decision.View Full Point of Law