Bolotin v. Rindge

A 1923 subdivision in the Hancock Park area of Los Angeles imposed deed restrictions limiting each lot to a single private residence. Bolotin (plaintiff) owned an unimproved corner lot on Wilshire Blvd., and Rindge (defendant) owned nearby property; both lots were subject to the restrictions. Wilshire Blvd. had become commercial over time. Bolotin sought to build a commercial building and sued to quiet title against the restrictions. The trial court found the lot had no substantial value as a single-family residence and that non-enforcement would not hurt the other lots' market value, and declared the restrictions partly unenforceable. Rindge appealed.

Whether changed conditions render deed restrictions unenforceable where the restrictions' purpose is not obsolete and enforcement will still benefit neighboring property owners.