Cowling v. Colligan

Colligan (defendant) sought to use his subdivision lot commercially despite a restrictive covenant limiting the subdivision to residential use; other subdivision owners, represented by Cowling (plaintiff), sought a declaratory judgment enforcing the covenant. The trial court found the covenant still valid but exempted Colligan based on changed neighborhood conditions, relying only on findings about properties outside the subdivision's borders and making no finding about the impact on Cowling and other subdivision homeowners if the exemption were granted; Cowling appealed.