Bolotin v. Rindge

41 Cal. Rptr. 376 (1964)

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Nature of the Case

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Facts

Ps own an unimproved lot. The lot is a part of a tract which was subdivided by G. Allen Hancock in 1923 in the area now known as Hancock Park. Ds are owners of other lots in the same tract. All the lots in the tract are subject to deed restrictions imposed by the original subdivider. These restrictions require, among other things, that each lot shall be used solely for single, private residences and that each residence shall front on a north-south street. These restrictions will expire January 1, 1970. All the lots in the tract except four have been improved with single-family residences. The four lots which have never been improved are the northeast and northwest corners of Wilshire and Hudson, and the two lots which are immediately north of the two corner lots. Hancock Park area is one of the most desirable and expensive residential areas in the community. Wilshire Boulevard has changed greatly since 1923. P sought to build a commercial building on his lot. P sued for declaratory relief and quiet title in opposition to the deed restrictions. The court found that the lot had no value for a home but was worth in excess of $200,000 for a business use. The court held that Ps were entitled to a judgment declaring the restrictions unenforceable. D appealed.