Traweek v. Lincoln

984 So.2d 439 (2007)

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Nature of the Case

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Facts

Ps and D owned lots in the same subdivision. In 1964, the then owners created and recorded restrictive covenants that encumbered the lots in the subdivision. D owns three lots. D operates a trailer park on a five-acre parcel of land across the street from the subdivision. In 2005, D placed a mobile home on lot 21. It had a living space of 1,280 square feet and was covered by a composite roof. Ps sued D seeking a judgment declaring that D had violated the restrictive covenants by placing the mobile home on lot 21. D argued that the restrictive covenants did not prohibit him from placing a mobile home on lot 21 because, he said, (1) he was using lot 21 for a business purpose, i.e., the expansion of his trailer park, and, therefore, lot 21 was not subject to the restrictions applicable to residential lots and (2) the language of the restrictive covenants did not expressly prohibit mobile homes from being placed on residential lots. The court ruled for Ps and D appealed.