Uvanni v. CMB Builders, Inc.

1 Citing case

  1. Crimmins v. Simonds

    636 P.2d 478 (Utah 1981)   Cited 13 times
    Holding that "the existence of several breaches of a restrictive covenant does not justify refusal of enforcement unless the character of the neighborhood has changed"

    Defendants' first argument is that the trial court erred in refusing to void the restrictive covenant because a change in circumstances in the surrounding neighborhood had rendered the covenant no longer enforceable. Uvanni v. CMB Builders, Inc., 41 A.D.2d 1019, 343 N.Y.S.2d 954 (1973); Metropolitan Investment Co. v. Sine, 14 Utah 2d 36, 376 P.2d 940 (1962). However, in order to render a restrictive covenant unenforceable the change must be so great that it clearly neutralizes the benefits of the restriction to the point of defeating its purpose, or of such a nature that it renders the covenant valueless.