Estate of Hoffman v. Gould

714 A.2d 1071, 1998 Pa. Super. LEXIS 1609
CourtSuperior Court of Pennsylvania
DecidedAugust 3, 1998
StatusPublished
Cited by9 cases

This text of 714 A.2d 1071 (Estate of Hoffman v. Gould) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Hoffman v. Gould, 714 A.2d 1071, 1998 Pa. Super. LEXIS 1609 (Pa. Ct. App. 1998).

Opinion

HUDOCK, Judge:

The estate of Paul Arthur Hoffman and Lois L. Hoffman (collectively, Developers) appeal from the final decree of the trial court that found in favor of Walter E., Patricia V. and Dawn Patricia Gould (collectively, Owners) in the former’s action seeking a permanent injunction. We reverse.

The facts and procedural history were ably summarized by the trial court as follows:

On May 13, 1993, [Owners] purchased two separate parcels of land located in Tobyhanna Township, Monroe County, Pennsylvania designated as Lots No. 216 and 305 on a map of Harvest Acres, a residential subdivision developed by [Developers], All of the deeds in the subdivision, including those of [Owners], require submission of the plans and specifications to [Developers] for their approval before any building, alteration or addition can be attempted.
*1072 [Owners] entered into separate contracts for the construction of residences on both parcels of land with Vinay Homes, Inc. (“Vinay”). The contracts provided that Vi-nay would obtain all necessary permits and plan approvals from [Developers]. When Vinay offered plans which included vinyl siding, [Developers] objected. Vinay later submitted revised plans calling for wood siding as mandated by [Developers]. [Owners] were not aware of this dispute nor of the proposed change in plans.
Prior to [Owners] occupying their respective residences on the two separate lots, Vinay completed construction of the residences by placing vinyl siding on the exterior. After [Owners] occupancy of their homes, counsel for [Developers] wrote to [Owners], directing them to, “remove the vinyl siding and replace it with wood siding.” [Owners] refused to comply citing the economic burden of complying with the request.
Although the deeds issued by [Developers] to [Owners] do not delineate any criteria or specific conditions for obtaining approval of construction plans, [Developers] sought injunctive relief to require [Owners] to comply with their preference of wood siding to vinyl siding as an exterior finish on dwellings in the development.

Trial Court Opinion, 9/18/97, at 1-3. The trial court denied Developers’ request for an injunction and found in favor of Owners. This appeal followed.

Developers now raise the following issues on appeal:

1. Did the Lower Court commit an error of law by failing to address the theory that a principal is liable for the misrepresentations of the principal’s agent made to a third party?
2. Did the Lower Court abuse its discretion by determining that [Owners’] violation of the restrictive covenant was unintentional and innocent when the record shows that [Owners’] agent intentionally violated the restrictive covenant and [Owners] themselves took a chance at violating the restrictive covenant?
3. Did the Lower Court commit an error of law by balancing the respective hardships the parties would endure in enforcement of the restrictive covenant?
4. Did the Lower Court commit an error of law by failing to address whether enforcement of the covenant would confer the benefit it was originally created to convey?
5. Did the Lower Court commit an error of law by failing to address the doctrine of promissory estoppel?

Appellants’ Brief at 7. We need only address the third issue in order to resolve this appeal.

The standard of appellate review from a final decree in equity requires us to determine whether the trial court made an error of law or committed an abuse of discretion. Gey v. Beck, 390 Pa.Super. 317, 568 A.2d 672, 675 (1990). Further, “although the [trial court’s] findings of fact have the force of a jury verdict and usually will not be disturbed on appeal, ‘conclusions of law or fact, being derived from nothing more than the [trial court’s] reasoning from underlying facts and not involving a determination of credibility of witnesses, are reviewable.’ ” Id. (quoting Krosnar v. Schmidt Krosnar McNaughton Garrett Co., 282 Pa.Super. 526, 423 A.2d 370, 374 (1980)).

We disagree with the trial court’s conclusion that Developers’ rejection of Owners’ plans was capricious and unreasonable. The trial court found the following:

In the case at bar, we conelude[] that [Developers’] refusal to approve the plans was both capricious and unreasonable in ■view of the obvious compatibility of the exterior of [Owners’] residences with other dwellings in the development. Photographs of all the homes in the development were introduced at trial and we concluded as a finder of fact that the exterior of [Owners’] residences were both compatible and in some cases more attractive than the exterior of other residences in [Developers’] development.

Trial Court Opinion, at 4.

Restrictive covenants which restrict the erection or use of buildings or other *1073 structures are lawful and enforceable. Rieck v. Virginia Manor Company, 251 Pa.Super. 59, 380 A.2d 375, 377 (1977). However, such restrictions are not favored by the law because they are an interference with an owner’s free and full enjoyment of his property. Therefore, they are to be strictly construed. Burns v. Baumgardner, 303 Pa.Super. 85, 449 A.2d 590, 592 (1982). However, we must also construe such covenants so as to give effect to the intention of the parties as ascertained from consideration of the surrounding circumstances, the parties’ situation, the objects they apparently had in view, and the nature of the subject matter. Lynch v. Urban Redevelopment Authority of Pittsburgh, 91 Pa.Cmwlth. 260, 496 A.2d 1331, 1334 (1985).

The Pennsylvania Supreme Court has held that a covenant which requires the approval of plans and specifications for a dwelling by a developer before construction may begin in a plan is valid and enforceable. Harmon v. Burow, 263 Pa. 188, 106 A. 310 . (1919). Such a covenant is a contract made by the parties that runs with the land; its evident purpose is to add to the desirability and value of the lots in the plan and protect all the purchasers of said lots. Id. 106 A. at 310-11. In Harmon, the Court found that a contract not to erect any structure without the approval of the grantor was a lawful contract that inures to the benefit of other lot owners in the plan including the developer. Id. 106 A. at 311.

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Bluebook (online)
714 A.2d 1071, 1998 Pa. Super. LEXIS 1609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-hoffman-v-gould-pasuperct-1998.