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Recollections of Defending the Covenants

Crane 1981    Most of this was gleaned from a RELEASE AND AGREEMENT that Chuck and Gordon drafted to conclude the matter. I don't have a copy of the civil complaint they drafted nor the restraining order that was issued. Dorothy happened to be home when the timber crew started cutting on March 24,1981. She went over and told them that restrictive covenants forbid that. Mrs. Crane happened to be there and Dorothy told her as well. Mrs. Crane said the covenants didn't matter and she would do what she planned. Dorothy said she would call her lawyer. Soon thereafter Chuck arrived, not having received Dorothy's message. Mrs. Crane asked if Chuck was her lawyer and Dorothy replied yes. Chuck spoke with Mrs. Crane and then filed a civil action the same day. Timber cutting ceased. Chuck and Gordon worked out a settlement among the parties involved in the timber rights and Mrs. Crane acknowledged that her subdivision of the lot was not in compliance with the covenants.

Rowland 1998    In the fall of 1998 the new owner of the lot that previously belonged to Mrs. Crane commenced cutting trees and bringing in fencing materials. We learned that she planned a pasture and barn but no house. We informed her that was not allowed. She suggested possibly a mobile home. We informed her that was not allowed. She proposed that the neighbors buy the lot from her. She said that if we attempted to enforce the covenants she would retaliate. Chuck and Gordon filed a civil complaint and got a restraining order. Work on the property ceased. While this was going on the property was listed for sale. A potential buyer called Gordon to ask if the property could be used for an ostrich farm.

Schmidt 1999    In the spring of 1999 the property where the Carpenters now live became a problem. The owner had built a free standing building between her house and the street, erected a six foot high wire fence around the outermost perimeter of her entire lot and opened a professional dog kennel. The barking of 12 to 20 dogs that roamed the entire property was a colossal nuisance. The neighborhood wrote the owner a letter explaining the covenant violations and asked her to comply. Neighbors met with the owner to discuss the situation. The owner did not make sufficient changes to comply with our covenants. The neighborhood hired attorney John McCormick to enforce the covenants.