Merrionette Manor Homes Improvement Association v. Heda

136 N.E.2d 556 (1956)

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Nature of the Case

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Facts

Merrionette Manor Corporation subdivided property and recorded its declarations of covenants designed to preserve the plan of the subdivision. The covenant under dispute involved a restriction on the construction of a vestibule. The declaration further stated that in the event of the formation of a property owners association that the authority to enforce the restrictive covenants could be assigned to that association. The Merrionette Manor Homes Improvement Association (P) was formed and incorporated. P was the assignee of the declarant as to the right to bring an action to enforce the covenants. D purchased property in the subdivision, and the deed stated that the property was subject to the restrictive covenants referred to. D construed a vestibule in violation of the covenants. P sued D. The trial court dismissed the action and P appealed.