Walton v. Jaskiewicz

563 A.2d 382 (1989)

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Nature of the Case

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Facts

Walton (D) owned a lot in a subdivision subject to a Declaration of Covenants recorded in 1953. That declaration allowed amendment of the restrictions after twenty-five years subject to a majority of owners agreeing to the new restrictions. D sought to subdivide their land and got the approval of the majority of owners but the approval to subdivide only applied to D's lot. Jaskiewicz petitioned the court for declaratory judgment to prohibit D from subdividing their lot. The issue before the court was whether such an amendment must apply to all lots of can be applied to only one. The trial court ruled for P and D appealed.