Misita v. ConnAnnotate this Case
Roy and Mitzi Conn sued their neighbor Joel Misita, who had placed a structure on his land. The Conns sought to enforce a warranty deed restriction placed by their predecessors in title that prohibited Misita from erecting any “structures” on three acres of his land. The chancery court ruled in favor of the Conns and ordered the removal of the structure. The Court of Appeals affirmed the Conns’ authority to enforce the restrictive covenant but reversed the chancery court’s determination that it was a structure. After review of the facts of this case, the Supreme Court affirmed in part and reversed in part the Court of Appeals. The Supreme Court found the structure was indeed a structure.