Lookout Mountain Paradise Hills Homeowners' Ass'n v. Viewpoint Associates

How courts have described this case

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

• considering whether equitable defenses, including estoppel, barred a homeowners’ association from enforcing a covenant
• finding intent to effect an assignment where the assignor signed the document creating assignment
• “Restrictive covenants must be construed as a whole and interpreted in view of their underlying purposes, giving effect to all provisions contained therein.”
• “ [C]ovenants must be construed as a whole an d interpreted in view of their underlying purposes, giving effect t o all provisions contained therein.”
• “R estrictive covenants must be construed as a whole and interpreted in view of their underlying purposes, giving effect to all provisions cont ained therein .”
• where the covenants gave the developer the right to approve building and other improvement plans and the ability to transfer that approval right, these rights were not extinguished even though developer no longer held title to any land in the subdivision

Source: CourtListener parenthetical corpus (CC0).