Housing proposal still irks neighbors Sep 14, 2008
If it moves ahead with a community for all age groups, restrictive covenant would prevent Richman Group from having about 40 percent of the units be for low-income households, Kolb said. Richman Group would manage the apartments, which includes having a screening process for residents and security measures. (Florida Today)
Another Offensive On Washington Proposal Aug 29, 2008
Two weeks ago, Mr. Klauer filed a lawsuit in Litchfield Superior Court against the Federers, seeking the removal of the Federers' restrictive covenant, which is a deed restriction that prohibits any building on the portion of the Wykeham Rise that abuts their property. Before the Zoning or Inland Wetland Commissions can come to a decision, Mr. Klauer first needs a variance from the Zoning Board of Appeals, as his application slightly exceeds the maximum lot coverage allowed in town. (Litchfield County Times, CT)
Klauer Files Lawsuit Linked to Resort Plan Aug 22, 2008
In 2005, they obtained a 14-year-old restrictive covenant on the Wykeham Rise property, one that is designed to prohibit development on the 330 feet of Wykeham land adjacent to their own. But Mr. Klauer and his attorney, Robert Fisher, contend that the restrictive covenant is null and void, and has been since it was originally drafted in 1990 after the school was sold to the Swiss hospitality company HotelConsult ... "But because the corporation did not retain any of the property, there is no... (Litchfield County Times, CT)
Site remediation complete on First Avenue, Royersford Aug 1, 2008
"I have reviewed it, and I have no problem with the restrictive covenant," Boroff said ... Council authorized Borough Manager Mike Leonard to sign the report and forward it to DEP, and council also approved entering into the restrictive covenant that deals with the groundwater on the site. (Springfield Sun, PA)
Smith Barney's 'Golden Handcuffs' Incentive Plan Gets Court's Blessing Jun 26, 2008
But Judge Harvey Weissbard dissented, calling the plan "a restrictive covenant of the broadest type imaginable," since it was meant to stop brokers not only from defecting to competitors but from leaving the company at all. The court on Wednesday agreed with the appeals court's majority, saying programs like Smith Barney's are expressly authorized by the wage and hour statute's exceptions for programs that offer incentives for participation. (Law.com)
BRIAN GILMORE: A neglected civil-rights landmark case May 3, 2008
On May 3, 1948, the U.S. Supreme Court declared that the enforcement of racially restrictive covenants in housing was unconstitutional ... The house the Shelly family purchased contained a racially restrictive covenant in the deed ... The case was heard by only six of the nine Supreme Court justices because three justices owned land that allegedly contained racially restrictive covenants. (Fresno Bee -- Opinion)
Cattle company preserving land for future generations Apr 17, 2008
The agreement effectively creates a restrictive covenant on the land. The ranch was founded in 1960 by the Pinkerton family and, according to Bob Rosenow of Whittemore Farms, the company began clearing the land of forests in the 70s. (Iosco County News Herald, MI)
Lawsuit over Druid Ridge landCemetery, residents argue over 36-acre site Apr 11, 2008
Lawyers for the cemetery and its owner, Louisiana-based Stewart Enterprises Inc., questioned the existence of a restrictive covenant, citing that a large part of the cemetery was once a nursery and landscaping operation, and said the parcel in question, while owned by Druid Ridge, has never been used as a cemetery. They also said that even if the court proves there is a restrictive covenant, only the residents who have burial plots, not area neighbors, are beneficiaries of the covenant and have... (Owings Mills Times, MD)
Smith Barney's 'Golden Handcuffs' Compensation Plan Under Scrutiny Mar 28, 2008
But the dissenting judge, Harvey Weissbard, called the plan "a restrictive covenant of the broadest type imaginable," since it was meant to stop brokers not only from defecting to competitors but from leaving the company at all ... The arguments did not address Weissbard's point in his dissent that the plan's forfeiture provision made it a restrictive covenant in disguise ... "Clearly, if such a provision had been in the form of a restrictive covenant, it would never pass the reasonableness... (Law.com)
Making the Most of Capital Gains Mar 22, 2008
Sign up now for FREESmartMoney. com Newsletters Enter your email address below. (SmartMoney)
Liquor Stores Income Fund Reports Record Results Feb 29, 2008
75% Convertible Unsecured Subordinated Debentures ("6.75% Debentures) trade on the Toronto Stock Exchange under the symbol LIQ.DB. Through its ownership of Liquor Stores Limited Partnership ("Liquor Stores LP"), the Fund operates 198 retail liquor stores in Alberta and British Columbia and management believes it is the largest liquor store operator in Alberta by number of stores and revenue.On June 8, 2007, the Fund issued 6,817,533 Units to acquire a 75.96% indirect interest in Liquor Barn... (CCNMatthews Press Releases)
Friends of the Whiteside secure theater Feb 27, 2008
A restrictive covenant in the deed prohibits the showing of first-run movies to keep the Whiteside from competing with Regal s four-screen cineplex on Northwest Ninth Street. Susan Morre, a spokeswoman for the Friends of the Whiteside, said the group would begin fundraising shortly for the restoration of the theater. (Albany Democrat-Herald, OR)
Cancer Center Changes Are New Milford Issue Jan 11, 2008
That told me I wasn't wanted at this hospital," Dr. Cretella said. "By the hospital stating they were making an equitable offer and establishing a restrictive covenant that I could not practice within a geographical area, that told me I wasn't wanted. And for there to be no more effort to retain me, that told me that I was not wanted at New Milford Hospital. (Litchfield County Times, CT)
Ranch at Cypress Creek ponders annexation Jan 10, 2008
The primary services that will be impacted by this annexation are: Significant reduction in our overall landscape maintenance for all of our common areas and roads, and termination of restrictive covenant enforcement for the majority of our neighborhood. We will be communicating with our neighbors in more detail on these issues and what they mean for everyone before the next city council meeting on Jan. 24. (Cedar Park Hill Country News Weekender, TX)
Spartech Announces Fourth Quarter and Fiscal Year 2007 Results Dec 18, 2007
76 to 1 and we have $204 million unused on our bank credit facility of which $107 million is available under our most restrictive covenant. Our continued solid performance in operating cash flow primarily reflects strong cash earnings and a continued focus on working capital minimization. (PR Newswire)
State court to hear Cody's Country case Nov 27, 2007
In his decision letter Aug. 2, 2007, Cranfill stated that in 1971 a Declaration of Restrictive Covenant for Skytel Country Estates Subdivision was recorded in the county clerk's office. Cranfill found that no individual ownership of common space between the circular lots was established, adding that the covenants are an express easement and not implied. (Cody Enterprise, WY)
EPA announces plan for Crumb Trailer Park site Oct 31, 2007
The EPA will employ an environmental easement and/or restrictive covenant to prohibit residential use of the existing trailer park. Remedial Project Manager with the EPA Jack O'Dell said 15 trailers will be moved from the two and a-half acre contaminated site to another part of the property, which has eight and a-half total acres. (Herkimer Eening Telegram, NY)
Ahead of the curve Oct 1, 2007
A restrictive covenant will prevent it from being developed, Jones said. David Pendered. (Atlanta Journal-Constitution -- Business)
LURC Receives Revised Black Nubble Only Project Proposal Jul 20, 2007
According to a MMP release, if the Black Nubble Wind Farm is approved and built, a restrictive covenant will prohibit the development of wind power on the last undeveloped and unprotected 4,000-foot peak in Maine. The Black Nubble proposal will provide clean energy, reduce our dependence on fossil fuel, and protect Redington Mountain from wind development, said NCRM Advocacy Director Pete Didisheim after the LURC decision to offer a limited re-opening of the proposal. (Kingfield Irregular, ME)
Drag strip proposed to spark area economy Jun 27, 2007
It is the OWAA which will decide whether to give River City a lease and, equally as important, apply for the removal of a restrictive covenant which was placed on land use when it was deeded to the airport. This precludes recreational use of the property, except for Sports Car Club of America racing and snowmobile grass drags. (Oscoda Press, MI)
Judge sides with Sarah Bush over Padgett Jun 22, 2007
The restrictive covenant in this case should be reduced to a 25-mile radius around (the hospital), the Neoga Clinic, the Toledo Clinic and the Casey Clinic, Garst wrote. SBLHC officials said they are not too upset by this modification of Padgett s contract. (Mattoon Journal-Gazette, IL)
Tyco businesses spin-off of could be delayed, bondholder group asserts in letter to Tyco board Jun 15, 2007
If a more restrictive covenant wasnt sought, youre kind of stuck under the successor obligor clause, Hensley said. But the real issue in this type of situation boils down to is what substantially all the assets are, he said. (FT.com -- Markets)
Iosco delays Sawyer sale Jun 13, 2007
The action was sought by Vice Chairman Jeff Matthews, who first tried to get fellow board members to place a restrictive covenant on the property title to limit use of the land and building to recreation. This, Matthews advised, was recommended by the Iosco County Parks ation Commission (P which he also serves. (Oscoda Press, MI)
More of this story Apr 21, 2007
Among those concerns was a restrictive covenant Moncur had included in the application that would have barred the raising of livestock that were not horses or cows ... At Thursday s meeting Moncur presented a modified set of restrictive covenants that would allow the raising of any animal, provided it is done in connection with a recognized 4H program. (Burley South Idaho Press, ID)
City council waives sidewalk requirements for subdivision Apr 11, 2007
Deer View Estates developer Kent Whitney and Jerry Long of French-Reneker Associates Inc. returned to the council with a restrictive covenant addressing the sidewalk issue. An addition to the subdivision's covenant states that if the council does not waive sidewalks, the homeowner's association will install sidewalks "within 12 months of the completion of sidewalks on streets that are contiguous to Deer View Estates Subdivision." Long said the property owners would pay for their own sidewalks. (Washington Journal, IA)
Concord preps for ordinance vote Apr 10, 2007
Tracts in a sending area would be governed by a restrictive covenant or conservation easement permanently preventing any future development, although the parcels could be used for agriculture or forestry. "There may not be one transfer in our lifetime or there may be 25," said Comitta. (The Delaware County Times, PA)
City council denies rezoning request on North B Street Mar 30, 2007
First, the subdivision already has a restrictive covenant in place that states the property "shall be used for single family residential purposes only.". Second, the commission listened to the argument made by an attorney for Jan Shaw, the owner of an undeveloped lot in the block who contested the request. (Fairfield Daily Ledger, IA)
Scenic Hills residents fighting Mar 14, 2007
The Scenic Hills restrictive covenants expired in 1990 ... org/wiki/New_urbanism Its exclusivity faded by newer, more sprawling, further-out developments has brough about the revival of one of the most ridiculous conditions of American homeownership, the restrictive covenant. (Pensacola News Journal)
Preserving a 'necklace of pearls' Mar 6, 2007
Commission Chairman Edward Kweskin said if the district commits the money, it would expect to receive something, such as part ownership of the property, an easement or restrictive covenant. The district would spread the cost over two years. (Stamford Advocate)
All about restrictive covenants in Georgia Feb 22, 2007
Georgia ranks No. 1 among states when it comes to striking down restrictive covenants in employment agreements. There are three main types of restrictive covenants ... The primary reason Georgia is so strict in enforcing restrictive covenants is because the Georgia Constitution specifically states that contracts that have the effect to "defeat or lessen competition" are "illegal and void." Georgia cases going as far back as the late 1800s to the present hold that restrictive covenants in... (Atlanta Business Chronicle, GA)
Honoring the first suburb Jan 28, 2007
Among the artifacts in the exhibit is a 1951 letter from the Committee to End Discrimination in Levittown, a group working to get the restrictive covenant rescinded ... Ruff said that "by 1955 there were a few African-American families moving in" after the company decided to do away with the restrictive covenants at Levittown on Long Island. (Newsday -- Long Island)
Does Pratt gift limit park deal? Jan 18, 2007
If that restrictive covenant is broken, the deed states, "the land hereby conveyed shall pass to and vest in the Mary Washington Hospital Association, Incorporated, Fredericksburg, Virginia, in fee simple forever without reservations or restrictive covenant.". The Park Authority board will meet next Wednesday at 7 p.m. to further discuss the proposal for the county and city to take over maintenance of the parks. (Fredericksburg Free Lance-Star, VA)
Surf shop sues property owners, Wal-Mart over construction plans Jan 14, 2007
The lawsuit says if Wal-Mart continues with its plans after the mediation, the retailer "will be in violation of the restrictive covenant" spelled out in the deed when Sandy Forsyth sold the property 20 years ago. No court date has been set for the Aqua East lawsuit, while the city and Wal-Mart focus on the pending mediation. (Florida Times-Union)
FBI Releases Rehnquist Nomination Files Jan 5, 2007
The restrictive covenant was not disclosed until his 1986 confirmation hearings, at which Rehnquist said he became aware of the clause only days earlier. Also detailed in the declassified file was Rehnquist's 1981 hospital stay for treatment of back pain and his dependence on powerful prescription pain-relief medication. (Newsmax)
FBI ran checks on critics of Rehnquist nomination Jan 4, 2007
The restrictive covenant was not disclosed until his 1986 confirmation hearings, at which Rehnquist said he became aware of the clause only days earlier. Copyright 2007 Globe Newspaper Company. (Boston Globe)
