Blevins v. Barry-Lawrence County Assoc. for Retarded Citizens case brief

Blevins v. Barry-Lawrence County Association for Retarded Citizens case brief summary
707 S.W.2d 407 (Mo. 1996)

CASE SYNOPSIS

Appellant property owner challenged the judgment of the Circuit Court of Barry County, at Cassville (Missouri), which enjoined the property owner from using its building as a group home for retarded individuals. Respondent neighbor brought the claim for equitable relief alleging that the use violated a restrictive covenant.

CASE FACTS
The property owner argued that its intended use did not violated the restrictive covenant and that entering an injunction would violate public policy. The property owner argued that a recently enacted statute, Mo. Rev. Stat. § 89.020 was retroactive and prohibited the injunction. 

DISCUSSION

• The court found that the maintenance of the group home was a residential, not a commercial use. 
• The court found that the restrictive covenant, by its plain terms, applied to structures, not their usage. 
• Thus, the court reversed the injunction.

CONCLUSION
The court reversed the judgment granting the neighbors injunctive relief.


NOTES:
-Plaintiffs contended that a group home for retarded adults violated the restrictive covenant on the land which included language: “for residential purposes only” and “single or double family dwellings.”

1. Rule: Ambiguous restrictive covenants should be read narrowly to allow the least restrictive use of the land.
2. Courts traditionally interpret ambiguous covenants in the manner that would be least restrictive to the free use of land.”