Foster v. Nehls

How courts have described this case

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

• upholding injunctive relief, notwithstanding ambiguity in the covenant terms, in light of the underlying purpose of protecting view planes, and because actual interference occurred
• upholding injunctive relief, notwithstanding ambiguity in the covenant terms, in light of the underlying purpose of protecting view planes, and because actual interference occurred
• property owner “ ‘assumed the risk’ of the outcome” by continuing to build in violation of restrictive covenant
• land is generally considered a unique commodity which cannot be adequately replaced by money, and equity should intervene to restore land to the full enjoyment of the rightfid owner
• “Ambiguity exists in the present case by the use of a floor-space description common in the construction and real estate business (‘one and one-half stories’) to describe a height restriction (‘one and one-half stories in height’).” 6 (Footnote omitted.)
• \Ambiguity exists in the present case by the use of a floor-space description common in the construction and real estate business (`one and one-half stories') to describe a height restriction (`one and one-half stories in height').\ [6] (Footnote omitted.)

Source: CourtListener parenthetical corpus (CC0).