Thursday, May 19, 2011

Court Reviews a Ruling to Prohibit Homeowners from Using their Property for Nonresidential Purposes

LONNIE E. ROBERTS, ET AL. v. CLAUDE RUSSELL BRIDGES a/k/a LEON RUSSELL, ET UX. (Tenn. Ct. App. May 18, 2011)

This appeal involves the enforcement of a restrictive covenant. A group of neighbors filed suit seeking permanently to enjoin a musician and his wife from using their property for nonresidential purposes. The trial court ruled in favor of the neighbors after a bench trial, prohibiting the homeowners from parking a tour bus, two panel trucks, and several employee vehicles on their property and ordering the homeowners to remove a portion of a parking lot and driveway built to accommodate the vehicles. The court later awarded discretionary costs to the neighbors. We reverse the grant of injunctive relief requiring the homeowners to remove a portion of the parking lot and driveway but affirm the trial court in all other respects.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/robertsl_051811.pdf