Traweek v. Lincoln
Court of Civil Appeals of Alabama
984 So.2d 439 (2007)
Relevant factsFree
A 1964 restrictive covenant governing Funderburg Cove Subdivision lots limited structures to two stories and residential use, and when Traweek (defendant) placed a mobile home on his lot for business purposes, neighbors Lincoln and Kearley (plaintiffs) sued to enforce the covenant and remove it; the trial court enforced the covenant based partly on the subdivision developer's testimony about his original intent, finding Traweek in violation.
IssueFree
Whether a restrictive covenant will be enforced if its intent is unclear and ambiguous.