Matissek v. Waller

A subdivision's original 1971 plat permitted aircraft hangars, and a second 1971 plat recorded restrictive covenants including a masonry-wall requirement for all structures, later reaffirmed in a 1977 public record; the developer's 1974 deed conveying Matissek's (defendant) lot to its original owner referenced the earlier plat and noted the property was "subject to easements and restrictions of record," but neither that deed nor any later deed in the chain of title cited the 1971 covenant plat or the 1977 record. In 2007, Matissek began building a metal-sided hangar, and neighbor Waller (plaintiff) sued in 2008 to enforce the masonry-wall covenant; the trial court denied Matissek's summary-judgment motion, and he appealed.