| Venue: | CA SC |
| Facts: | So there are 2 sites, with over 700 lots. They all have restrictions, except for about 20 lots at each site. The restrictions say only 2-story single-family homes. Plaintiff owns a corner lot, and wants out of the restrictions. |
| Posture: | Verdict for plaintiff at the trial court. |
| Issue: | So... let her out of the restriction? |
| Holding: | Sure. Afirmed. |
| Rule: | None is really articulated; it's pretty much just the court saying the contract is no longer worth enforcing. |
| Reasoning: | Basically a list of things that have changed since the time when the |
| Dicta: | Spence (dissenting): There's no finding that the purpose of these restrictions is obsolete. By allowing commercial development on these lots, we're lowering the value of the adjacent lots. The neighbors are entitled to rely on these restrictions. |