Bolotin v. Rindge

California Court of Appeal, Second District

41 Cal. Rptr. 376 (Cal. App. 2d 1964)

Changed conditions do not render deed restrictions unenforceable where the purpose of the restrictions are not obsolete and enforcement of the restrictions will benefit neighboring property owners.

Relevant Facts

In 1923, a tract of land in a Los Angeles neighborhood of Hancock Park was subdivided and subjected to deed restrictions that required each lot to be used for a single private residence. Bolotin (the plaintiff) owned an unimproved lot on the northeast corner of Wilshire Blvd. and Hudson Ave., and Rindge (the defendant) owned property on the same street. Both lots were subject to the deed restrictions. Over time, Wilshire Blvd. developed as a commercial area. The plaintiff sought to construct a commercial building on his lot and sued seeking a declaratory judgment to quiet title against the deed restrictions. The trial court held that, due to the changed conditions on Wilshire Blvd., that the plaintiff’s lot had no substantial value if used solely as a single-family residence. Additionally, the court found that failure to enforce the deed restrictions would not adversely affect the market value of the other lots in the tract. As a result, the court declared the deed restrictions to be unenforceable in part. The defendant appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 29, 2020

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Procedural History

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Citations

41 Cal. Rptr. 376 (Cal. App. 2d 1964)