Swaggerty v. Petersen

How courts have described this case

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

• recognizing that the relative hardship test will be applied to breach of a restrictive covenant “under the proper circumstances” (emphasis omitted)
• explaining that, under the proper circumstances, the court will consider the relative hardship of the parties regarding the removal of an encroachment upon an easement
• “Even under the traditional rule, ... a construction in favor of the unfettered use of property must be reasonable.”
• in action to enjoin violation of restrictive building covenant, “[defendant cannot, after suit has been filed [to abate violation] * * * deprive [plaintiffs] of their right to complete relief by increasing his investment, and thus his potential hardship, before the final decision”

Source: CourtListener parenthetical corpus (CC0).