Owner purchased land in a subdivision subject to restrictive covenants designed to ensure that all homes built in the subdivision were complementary. Owner complied with the requirement to submit plans to the review committee, but neglected to submit revisions to those plans that reduced the amount of brick facade. After the committee approved the original plans, Owner started building according to the revised plans. The committee objected and sought a court order compelling Owner to build according to the original plans. Owner completed the house before a ruling. The house is of good quality and consistent with other houses in the subdivision. Should the court grant specific performance compelling Owner to comply with the original plans?
 

Hint: See Dossey v. Hanover, Inc., 48 Ark. App. 108 (1995). https://law.justia.com/cases/arkansas/court-of-appeals/1995/ca-93-1250-2.html

Answer rating: 100% (QA)

In the case of Dossey v Hanover Inc the court ruled that specific performance compelling compliance ... View the full answer