Summary
holding that it has, "been uniformly held that where the equitable enforcement of building restrictions would be oppressive and unreasonable because of an entire change in the circumstances and in the neighborhood of the property, and the character of the improvements and the purposes to which they are applied, equity may refuse to enforce observance of the restrictions, and leave the parties to their action at law"
Summary of this case from In re Tousa, Inc.Opinion
Opinion filed April 25, 1933.
A Writ of Error to the Circuit Court for Dade County, Paul D. Barns, Judge.
Cary D. Landis, Attorney General, and Roy Campbell, Assistant, for Plaintiff in Error;
Kennedy Cheetham, for Defendant in Error.
This case is in all respects like that of Lehman as Sheriff of Dade County, Florida, v. Gear and the judgment herein should be affirmed on authority of the opinion and judgment in that case, filed at this term of the Court.
It is so ordered.
Affirmed.
WHITFIELD, P. J., and BROWN and BUFORD, J. J., concur.
DAVIS, C. J., and ELLIS and TERRELL, J. J., concur in the opinion and judgment.