Morris v. Nease
Supreme Court of Appeals of West Virginia
238 S.E.2d 844 (1977)
Relevant factsFree
Dr. William Nease (defendant) bought property in a neighborhood governed by early-1900s residential-use-only restrictive covenants and opened a chiropractic clinic there in 1972, after the surrounding area had already changed to include nearby businesses, and after the property's prior owner had already divided it into five rental units. Some of Nease's neighbors (plaintiffs) sued to enforce the covenants, and the trial court ruled in their favor.
IssueFree
Whether changes in the character of a neighborhood can nullify restrictive covenants affecting neighborhood property.