Cowling v. Colligan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that change in conditions is affirmative defense that must be specifically pleaded and proved
• noting that court may refuse to enforce restriction when there has been waiver of right to enforce
• stating that in deciding restrictive covenant case, court’s “judgment must arise out of a balancing of equities or of relative hardships”
• stating that in deciding restrictive covenant case, court’s “judgment must arise out of a balancing of equities or of relative hardships”
• stating that in deciding restrictive covenant case, court = s A judgment must arise out of a balancing of equities or of relative hardships @
• rendering judgment that covenant restricting use to residence purposes prohibited use of the tract for business and commercial purposes

Source: CourtListener parenthetical corpus (CC0).