Akbarzadeh v. Ben Ish Hai, Inc.
Property owners sued their adjoining neighbor for declaratory and injunctive relief seeking to prevent the neighbor from building a residence on what had been a vacant lot. The property owners claimed the declaration of restrictions governing the tract limited each lot to a single family residence, and because their residence already existed on the lot originally designated in 1948, the neighbor was prohibited from placing any improvements on the earlier subdivided portion of the same lot. The trial court found the declaration of restrictions permitted building on any legal lot in the tract, and not just on the original lots designated in 1948. Accordingly, the trial court found the property owners were unlikely to prevail on the merits of their claims and denied injunctive relief. Court affirm.
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