Rhue v. Cheyenne Homes, Inc.

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

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Nature of the Case

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Facts

Rhue (D) purchased a lot in a new subdivision which had been about 80% improved, and attempted to move an older, Spanish style house onto it. Most of the homes in the subdivision were modern ranch or split level houses. The subdivision was subject to a number of restrictive covenants. D's house did not violate any of the restrictive covenants. However, included in the covenants was a requirement that, before a building could be erected or placed on any of the lots until the plans for the building had been approved by the architectural control committee. The covenants contained no guidelines which the architectural control committee was to follow in deciding whether to approve or reject a set of plans. Cheyenne Homes (P) obtained an injunction against the placement of D's house in the subdivision, citing D's failure to obtain the approval of the committee. D appealed, arguing that the requirement that plans be submitted to an architectural control committee is not enforceable because it does not contain specific standards to guide the committee in making its decisions.