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)
City council tables two issues Dec 22, 2006
The initial petition was filed by residents concerned about the potential development of multi-family dwellings despite the existence of a restrictive covenant ... "However, I believe restrictive covenants are not as strong as zoning, and that's why we're taking the extra move of coming to you, the city council, as well as the planning and zoning commission to ask for your help in preserving and protecting our neighborhood." Councilwoman Christy Welty responded, "Your covenants, as long as you... (Fairfield Daily Ledger, IA)
Students and investors gain from buy-to-let Nov 18, 2006
The flats are owned by private investors, who then let them to Bapa, each with a restrictive covenant stating that both present and future buyers, in the case of a flat being resold, have to let to Bapa. The ten apartments in this block cost from 108,000 for a one-bed apartment of around 409 sq ft to 135,000 for the largest two-bedroom apartment at 581 sq ft. Another similar block of ten more flats will be ready for sale next year and a further 18 will be for sale in 2008. (TimesOnline)
Medora board signs environmental pact Nov 17, 2006
Medora town board members signed an environmental restrictive covenant with ITT Appropriations Monday night that will be attached to the deed for the property containing the former Medora Plastics Factory. President Jim Davers said ITT gave the property to the town, but the provision restricts residential use of the property. (Brownstown Jackson County Banner, IN)
Northgate traffic changes under review Oct 26, 2006
Developers of an 84-acre commercial-industrial complex on the north end of Medford are facing possible requirements by the state highway agency, to help fund modifications such as a single-lane overpass and restrictive covenants imposed by neighbors in order to get the green light to build ... He said he's been working with the two wood products companies on a restrictive covenant that would ensure Northgate couldn't file frivolous nuisance claims against the mills. (Mail Tribune, OR)
FMG lawsuit has mixed results Oct 21, 2006
Also nine of the 12 jurors agreed Uthoff had violated his restrictive covenant, assessing damages at $202,700 ... In the cases of Helfrich and Thornton, 11 of the 12 jurors agreed the doctors were not in violation of the restrictive covenant ... In the restrictive covenant, FMG partner physicians agree to not practice medicine within a 40-mile radius of FMG s main location at 1012 N. Main St. for two years upon leaving the group. (Skieston Standard Democrat, MO)
Homeless Men Eye Old Burlington School Sep 27, 2006
City officials have been trying to get out of that restrictive covenant for years -- but the battle still rages. A petition filed in Chittenden Probate Court claims that the old Taft school cannot be sold because of a condition in the will of Elihu Taft, who donated the property for a school. (WCAX.com, VT)
From the Statehouse - Strong revenue growth continues Sep 21, 2006
Regrettably, a missing third component (comparable to sieves and straw walkers) involves the use of a real estate tool known as a "restrictive covenant". Restrictive covenants can be used in situations in which a neighbor or group of neighbors of a farmer might wish to restrict a farmer's right to certain farming activities by negotiating with the farmer for a use restriction on the farmers land. (Missouri Valley Times News, IA)
9/11 Area News Sep 13, 2006
Residents site a restrictive covenant prohibiting construction of multi-family housing and rental housing in the neighborhood. Those objecting to the project say the townhouses are going to lower property values and that there are too many units in too small of a space. (Redwood Falls Gazette, MN)
Doctor settles dispute Sep 13, 2006
FMG thought it was a breach of my restrictive covenant to leave the group yet continue to practice in Sikeston. After over four years of paying legal fees, having to take time out of my practice to go to one court or another to answer motions, and watching the effect that this was having on my family and community, I declared a Chapter 11 bankruptcy which is a reorganization of debts to be paid over five years. (Skieston Standard Democrat, MO)
Thoughts on two matters Sep 8, 2006
Also, beware of all these For Sale signs on the homes you think you may want to buy because the signs do not mention if there is a restrictive covenant ... There may be a restrictive covenant, and some Realtors or homeowners may not tell you that before you make a written offer on the property ... Your real estate agent or the for sale by owner seller should give you a copy of a development's restrictive covenants before you make an offer on the property (note that most will not mention it). (Foster's Daily Democrat)
Alderwoods Group, Inc. Commences Tender Offer and Consent Solicitation with Respect to its 7.75% Senior Notes Due September 15, 2012 Sep 8, 2006
In conjunction with the tender offer, Alderwoods is soliciting consents (the "Consents") from holders to effect certain amendments to the indenture governing the Notes to eliminate substantially all of the restrictive covenants as well as certain events of default ... - The execution of a supplemental indenture implementing the proposed amendments to the indenture governing the Notes, which will eliminate substantially alll of the restrictive covenant as well as certain events of default. (CCNMatthews Press Releases)
Future of R.I. armory up for debate Aug 19, 2006
" A Hendricks representative previously gave the city council a list of 17 possible re-uses of the building -- including using it as a church, food court or indoor sports arena -- but gave three reasons why none of them would work. The city was told there is not a market in the community for any of the re-uses, the cost would be prohibitive, and there still would be a need for parking. In addition, some of the architectural changes planned by Hendricks would not have been allowed by IHPA, even... (Quad-Cities Online)
FMG versus MDMC: Charges dismissed by federal judge Aug 4, 2006
Charges related to the restrictive covenant by which FMG partner physicians agree to not practice medicine within a 40-mile radius of FMG s main location at 1012 North Main St. for two years upon leaving the group may still be refiled at the state level. While FMG sought a preliminary injunction to prevent the hospital from employing the departed doctors or from them otherwise working in this area, a judge ruled on March 11, 2004, that the physicians named in the lawsuit could continue to... (Skieston Standard Democrat, MO)
Neighbors: Lot should't be used for storage: Materials left on plot are unsightly Jul 28, 2006
Ellis said is he aware of the concerns and desires of homeowners on Margaret Street, but using the lot is his right within the restrictive covenant on file with Bannock County. He said he has that right until the entire development is completed. (Pocatello Idaho State Journal, ID)
State's top court reverses appeals ruling on lawyers Jul 27, 2006
The Court of Appeals judges said that kind of sanction is an illegal restrictive covenant ... The appellate court said restrictive covenants are disfavored, ruling that Fearnow could not be precluded from practicing. (AZCentral -- Business)
Family retreat to become upscale neighborhood Jul 18, 2006
Under the restrictive covenant, homes are required to be at least 2,200 square feet for one story or 2,400 square feet for two. A rule of thumb in the home building industry suggests that a new home with full amenities generally sells for at least five times the price of the lot; thus, home prices will likely start around $310,000. (Triad Business Journal, NC)
State, local officials begin investigation at Gaskin ... WIN expands its customer base with the purchase of Cable System ... Clay County School Supply Program ... Mother drowns trying to rescue daughter ... Governor moves to seize control of Big Dig inspections after deadly cement collapse ... Clay County Sheriff's Report ... Israel attacks Beirut airport, Lebanese air bases; dozens of civilians killed ... McCain and Warner: Bush White House promised to proceed to courts-martial type prosecutions for detainees ... ';var marqueewidth="350px";var marqueeheight="20px";var marqueebgcolor="#FFFFFF";////NO NEED TO EDIT BELOW THIS LINE////////////var pauseit=1;var marqueespeed=1 //slow speed down by 1 for NSvar copyspeed=marqueespeedvar pausespeed=(pauseit==0)? copyspeed: 0var iedom=document.all||document.getElementByIdif (iedom)document.write(''+marqueecontent+'')var actualwidth=''var cross_marquee, ns_marqueefunction populate(){if (iedom){cross_marquee=document.getElementById? document.getElementById("iemarquee") : document.all.iemarqueecross_marquee.style.left=parseInt(marqueewidth)+8+"px"cross_marquee.innerHTML=marqueecontentactualwidth=document.all? temp.offsetWidth : document.getElementById("temp").offsetWidth}else if (document.layers){ns_marquee=document.ns_marquee.document.ns_marquee2ns_marquee.left=parseInt(marqueewidth)+8ns_marquee.document.write(marqueecontent)ns_marquee.document.close()actualwidth=ns_marquee.document.width}lefttime=setInterval("scrollmarquee()",20)}window.onload=populate;function scrollmarquee(){if (iedom){if (parseInt(cross_marquee.style.left)>(actualwidth*(-1)+8))cross_marquee.style.left=parseInt(cross_marquee.style.left)-copyspeed+"px"elsecross_marquee.style.left=parseInt(marqueewidth)+8+"px"}else if (document.layers){if (ns_marquee.left>(actualwidth*(-1)+8))ns_marquee.left-=copyspeedelsens_marquee.left=parseInt(marqueewidth)+8}}if (iedom||document.layers){with (document){document.write('')if (iedom){write('')write('')write('')write('')}else if (document.layers){write('')write('')write('')}document.write('')}}Friday, July 14, 2006 TOP: Fish wash in after the latest fish kill on Gaskin Lake. A previous fish kill this year began on Memorial Day weekend. While a smaller number of fish have died recently, more of the large game fish like carp and bass are dying in the recent fish kill. State, local officials begin investigation at Gaskin Jul 14, 2006
In 2005 Bangert filed a motion in the Clay County Court to enforce a restrictive covenant that was in place for the land. In the motion, against Joshua E. Mosely and Edward and Vickie McCrackin, a restrictive covenant executed by Mary E. Vaughn in September 1976 was mentioned. (Flora Daily Clay County Advocate-Press, IL)
Woman tries to organize boycott due to political signs May 12, 2006
There is a problem now, at least in Dalrymple's eyes, because a new state law says no property owners association can "enforce or adopt a restrictive covenant that prohibits a property owner from displaying on the owner's property one or more signs advertising a political candidate or ballot for an election." The law can be found in Section 202. 009 of the Texas Property Code. (Conroe Courier, TX)
More senior citizen housing coming to EP May 9, 2006
n the seller agreement there's a restrictive covenant whereby the purchaser of the property could only sell back to Leisure Acres whereby Leisure Acres ultimately remains in control of the property, said Giebelhausen. If under the age of 55 the required senior citizen age limit Leisure Acres, Inc. set for residents of the subdivision heirs of the duplexes must sell back the duplexes to Leisure Acres Inc.. (Pekin Times, IL)
Highbury Financial Inc. to Acquire ABN AMRO US Mutual Fund ... Apr 22, 2006
Aston intends to employ 35 people initially, and its senior management team and key members of the sales and marketing team have entered into restrictive covenant agreements benefiting Aston. These agreements substantially limit these individuals' ability to compete with Aston for various periods of time. (Business Wire (press release), CA)
Krispy Kreme Reports Preliminary Revenues for Fourth Quarter and Fiscal Year Ended January 29, 2006 Apr 18, 2006
e., excludes amounts that could be borrowed to repay existing debt) based on most restrictive covenant. (c) Does not reflect certain restatement adjustments related to capital leases. (PR Newswire)
Proposed bank sign rejected by CURA Feb 9, 2006
Agreed to adopt a restrictive covenant for the Capitol Car Wash at 1523 Washington St. East, owned by the Spyros Stanley family. The Stanleys plan to apply for a license to sell packaged beer at the car wash, CURA Executive Director Pat Brown said. (Charleston Gazette, WV -- Business)
Developer eyes parcel near Wolferts Roost Country Club Jan 19, 2006
Besides the opposition, Carr said, another stumbling block was a restrictive covenant on the land that dates to the time it was owned by the Van Rensselaer family. Myers said any problems with the covenant have been resolved through variances he received from the city board of zoning appeals. (Albany Business Review, NY)
For new year, a fireworks display of laws Jan 1, 2006
And in Missouri, complaints about homeowners' associations overly broad powers brought a law that requires associations to delete ''restrictive covenant" policies that discriminate by race or religion.There had been accusations that such language remained in the laws of some associations in the Kansas City area.Not all laws were so serious. Illinois approved a state amphibian, the Eastern tiger salamander, after it won 51 percent of Internet voters, beating the gray tree frog and the American... (Boston Globe)
