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Rhue v. Cheyenne Homes, Inc.

Colorado Supreme Court

449 P.2d 361 (1969)

Relevant factsFree

Rhue (defendant) wanted to move a 30-year-old house into a modern subdivision whose covenants required advance approval from an architectural control committee before any building could be placed there. Rhue never submitted plans for approval, and Cheyenne Homes (plaintiff) sought an injunction to block the move; the trial court granted it, and Rhue appealed, arguing the covenant was unenforceable because it contained no explicit approval standards.

IssueFree

Whether, under Colorado law, a restrictive covenant requiring committee approval of planned construction is valid even when it fails to set forth explicit approval criteria.

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