River Heights Association Limited Partnership v. Batten

Alice Batten (plaintiff) owned property in a subdivision along Route 29 that was subject to a restrictive covenant barring commercial use, held by Wendell and Marlene Wood (defendants) as to their four unimproved lots. When the covenant was created, Route 29 was a two-lane road surrounded by homes and small businesses; by trial, the surrounding area had become a major commercial district and the road had grown to ten lanes, but nothing had changed within the subdivision itself. Wood wanted to develop his lots commercially and argued the changed conditions doctrine should void the covenant; Batten sued to enforce it, and the trial court ruled in Batten's favor.