Raintree Of Albemarle Homeowners Association, Inc. v. Jones Et Al.

413 S.E.2d 340 (1992)

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Nature of the Case

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Facts

In November 1987, D purchased a 'wrecker service' business, and he began to park a red tow truck, also described as a small wrecker, at his home. P requested that D cease parking the tow truck on his property. He refused to do so and continued to park the truck there through the date of the ore tenus hearing. Two property owners on occasion parked pickup trucks owned by a utility company at their homes. P had determined that these pickup trucks, unlike the tow truck, were not commercial trucks which were kept and stored in the subdivision within the intent of the restrictive covenant. The covenant states: No school buses, commercial vehicles, or habitable motor vehicles may be kept on or stored on any part of the property except within an enclosed garage. No trucks of any nature shall be parked overnight on the property subject hereto except in an enclosed garage, nor shall any vehicles of any description be permitted to be repaired on any lot or the Common Area, except in an enclosed garage or other area completely screened from roads and adjoining properties. P filed a complaint against Ds seeking to enforce certain restrictive covenants. P requested that the chancellor issue an injunction which, among other things, would have prohibited Ds from keeping or storing a tow truck on their property. The chancellor enjoined D from: parking any vehicle on property owned by others without permission; placing vehicles in a state of disrepair on his property or Old Brook Road and placing vehicles with painted signs on his property. Even though the court found that the tow truck which D regularly parked in his driveway violated a restrictive covenant, P was not entitled to the issuance of an injunction because it had not uniformly enforced the restrictive covenant against other property owners in the subdivision. P appealed and D cross-appealed.