This section contains the nature of the case and procedural background.

Portions of the subdivision, in this case, were restricted to residential use. The covenants imposed on the subdivision also gave the grantor, his successors or assigns the power to dispense with any of the covenants with respect to any particular lot without the consent of adjoining lot owners. Bailey (D) purchased two lots adjoining two lots owned by Suttle (P), and proceeded to place an office building on the lots nearer to the property line than allowed by the restrictions, and have constructed other improvements for the purpose of operating a business. P sued to enjoin D' use of the lots.

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