Schartz v. D R B & M Real Estate Partnership
Kansas Court of Appeals
621 P.2d 1024 (1982)
Several owners (plaintiffs) of commercial lots in a subdivision subject to a recorded 80-foot setback covenant sued D R B & M Real Estate Partnership (DRBM) and Taco Tico, Inc. (defendants) after DRBM built a store violating the setback; one plaintiff, Esfeld, who had sold DRBM the lot, watched the building go up without ever mentioning the covenant, and DRBM said it didn't learn of the setback requirement until after construction was finished and it received a demand letter. The trial court found laches barred Esfeld's claim because he stayed silent too long, and found plaintiff Edna Schartz had unclean hands because her own building also encroached on the setback, but nonetheless granted an injunction forcing DRBM to remove its building, based on the claims of the other plaintiffs who weren't subject to either defense.
Whether a court may apply the equitable doctrines of laches or unclean hands to deny a requested injunction.