Cole v. Davis, et al.
Annotate this CasePlaintiffs were owners of different lots in a subdivision. They sought an injunction to prevent Trevor Cole from subdividing his lot. The circuit court entered a summary judgment in favor of the lot owners and issued the injunction. On appeal, Cole argued: (1) the restrictive covenants should not have been enforced for various equitable reasons (because of the "relative hardship" enforcing the covenants would allegedly impose upon him; because the "character of the neighborhood" has allegedly changed "radically" since the covenants were adopted; and because a majority of the other property owners in the subdivision, including some of the lot owners, have waived enforcement of the covenants); (2) that he should have been provided certain discovery before the entry of the summary judgment; and (3) that necessary or indispensable parties to the action were absent. The Alabama Supreme Court rejected each of these arguments and affirmed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.