Tuesday, July 27, 2010

Court reviews whether homeowner's fence violates restrictive covenants of their subdivision

MICHAEL D. HERSHEY ET AL. v. WALLACE CATHEY ET AL. (Tenn. Ct. App. July 27, 2010)

This is an action to enforce a Declaration of Covenants, Conditions and Restrictions for a subdivision. The trial court found the defendant homeowners erected a fence without having obtained proper approval from the Architectural Control Committee, that the fence was in violation of restrictive covenants, and that the fence must be removed. We have determined the evidence does not preponderate against the trial court's findings that defendants failed to obtain the necessary approval to construct the fence and that the fence is in violation of restrictive covenants; thus, we affirm.

Opinion may be found at: