Rice v. Heggy

California Court of Appeal Feb 28, 1958 No. Civ. 22296Published

Before: Doran

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Holding. The court held that deed restrictions limiting property to single-family dwellings remain enforceable despite neighborhood changes, increased traffic, or subsequent municipal rezoning, provided the original purpose of the restrictions can still be fulfilled.

Issues

Whether deed restrictions limiting property to single-family dwellings are unenforceable due to changes in neighborhood character or municipal rezoning.
Whether the trial court erred in refusing to invalidate deed restrictions based on alleged past disregard of restrictions or departures from other provisions.
Whether the appellate court should admit additional evidence regarding subsequent deeds that omit references to the original restrictive covenants.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The fact that the city of Los Angeles had rezoned Tract 9854 to allow the construction of hospitals and sanitariums therein is not authority to violate the restrictive covenants.”

“The findings of fact of the trial court in a case such as this are entitled to the same weight as in any other ease. Its findings of fact, if based upon any substantial evidence, are final”

DORAN, J.

Plaintiff-appellants, as the owners of certain lots, instituted the present action for declaratory relief, seeking an adjudication that the erection of multiple unit dwellings would not constitute such a violation of single family restrictions in the deed as to be actionable by the defendants. It was plaintiffs ’ contention that certain violations of the deed restrictions had occurred within the contract and that there

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had been important changes in the character of the nearby properties and the population usage.

It was defendants’ theory that any violations or changes which had occurred were of insufficient character to warrant relief, and that it was not inequitable or oppressive to enforce compliance with the deed restrictions. The trial court found in favor of defendants.

The appellants now contend that “The subject deed covenants and restrictions are not enforceable as a matter of law,” either as equitable servitudes or as covenants running with the land, and that “The Chancellor should have invalidated” the restrictions. It is asserted that “it is oppressive and inequitable to restrain plaintiffs from erecting the multiple-residential unit structures permitted them by the applicable zoning ordinances, particularly in view of the changes of character in the neighborhood and the actual past disregard of restrictions.”

No merit is discovered in any of appellants’ contentions. As pointed out in the respondents’ brief, the trial court heard detailed testimony offered in support of the various points and personally viewed the tract in question. From this evidence the judge determined that although certain changes had taken place in the neighborhood and there had been an increase in motor and pedestrian traffic, such facts “do not make it inequitable or oppressive to give effect to said deed restrictions,” and “That the purpose for which said deed restrictions, covenants and conditions were created can still be carried out and given effect to, notwithstanding the changes.”

Such decision, as in all similar eases, involves a determination of questions of fact, and each case must be decided upon its own merits. The record discloses substantial evidence in support of the trial court’s findings and, as said in

Rice v. Heggy

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DORAN, J.

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