TRAWEEK V. LINCOLN
984 So.2d 439 (2007)
NATURE OF THE CASE: Traweek (D) appealed a decision in favor of Lincoln (P) in P's suit
to enforce a restrictive covenant.
FACTS: Ps and D owned lots in the same subdivision. In 1964, the then owners created and
recorded restrictive covenants that encumbered the lots in the subdivision. D owns three
lots. D operates a trailer park on a five-acre parcel of land across the street from the
subdivision. In 2005, D placed a mobile home on lot 21. It had a living space of 1,280
square feet and was covered by a composite roof. Ps sued D seeking a judgment declaring that
D had violated the restrictive covenants by placing the mobile home on lot 21. D argued that
the restrictive covenants did not prohibit him from placing a mobile home on lot 21 because,
he said, (1) he was using lot 21 for a business purpose, i.e., the expansion of his trailer
park, and, therefore, lot 21 was not subject to the restrictions applicable to residential
lots and (2) the language of the restrictive covenants did not expressly prohibit mobile
homes from being placed on residential lots. The court ruled for Ps and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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