Litigation

Septic Easement Violates Restrictive Covenants

By H. William Allen et al.

The Arkansas Supreme Court affirmed judgment in Royal Oaks Vista, LLC v. Maddox, No. 07-542 (1/17/08).

The Royal Oaks Vista subdivision was platted in 1972. Among other things, the restrictions prohibited any "noxious trade or activity." In 2004, ROV filed a replat and began constructing a temporary septic easement across one of the lots. The manner in which the replat was filed violated the bill of assurances, but Maddox waited a year before filing suit in 2005. The trial court found the replat was invalid and denied ROV's defense of laches.

The supreme court affirmed. The Although ROV spent $200,000 building the septic infrastructure, most of this cost was incurred soon after the replat was filed. The delay in filing suit had no effect on ROV's costs.  

Full post as published by Arkansas Business Litigation Blog on January 22, 2008 (boomark / email).