Oakbrook Civic Ass'n, Inc. v. Sonnier

481 So. 2d 1008, 1986 La. LEXIS 5486
CourtSupreme Court of Louisiana
DecidedJanuary 13, 1986
Docket85-C-1320
StatusPublished
Cited by20 cases

This text of 481 So. 2d 1008 (Oakbrook Civic Ass'n, Inc. v. Sonnier) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oakbrook Civic Ass'n, Inc. v. Sonnier, 481 So. 2d 1008, 1986 La. LEXIS 5486 (La. 1986).

Opinion

481 So.2d 1008 (1986)

OAKBROOK CIVIC ASSOCIATION, INC.
v.
Charles SONNIER and Paula Sonnier.

No. 85-C-1320.

Supreme Court of Louisiana.

January 13, 1986.

*1009 George P. Bevan, Michael Patterson, McKinnis, Juban, Bevan, Mullins & Patterson, Baton Rouge, for plaintiff-applicant.

Russell Dornier, Gary, Field, Landry & Dornier, Baton Rouge, for defendant-respondent.

MARCUS, Justice.

On November 29, 1973, the Declaration of Covenants and Restrictions for Oakbrook Subdivision was filed in the conveyance office for East Baton Rouge Parish. Subsequently, Mr. and Mrs. Sonnier purchased lot eleven in the subdivision, and on August 22, 1983, pursuant to the covenants and restrictions, they submitted building plans for their proposed residence to the Oakbrook Architectural Control Committee (committee). By letter dated August 26, 1983, John Webb, chairman of the committee, notified the Sonniers that their plans were not in compliance with certain building restrictions and covenants of the subdivision. Lot eleven is a corner lot bordering on Oakbrook Drive and Oak Shadow Avenue. According to the plan submitted, the house would be "catty-cornered" on the lot, with the front twenty-one degrees off the line parallel with Oakbrook Drive. The garage and shop doors would open on Oak Shadow Avenue and would be sixty-five feet from the property line on that street. The committee interpreted Article VII, Section 12 of the building restrictions to require that the garage and shop doors must be set back one hundred feet from Oak Shadow Avenue since they opened on that street, even though the house faced Oakbrook Drive. Several meetings were held between the committee and the Sonniers. The committee recommended various changes to remedy this problem, including landscaping, fencing, or turning the doors to face the rear. The Sonniers, however, continued to insist that they were in compliance with the covenants and restrictions. By letter dated September 21, 1983, Ross J. Willis, President of Oakbrook Civic Association, informed the Sonniers that since the parties were unable to reach a satisfactory solution within the thirty day limit imposed by the building restrictions, their plan was rejected.

On October 11, 1983, the Sonniers submitted a second plan to the committee. In this plan, the house itself was left unchanged, but its location was moved, making the front of the residence parallel to the property line on Oakbrook Drive. By letter dated October 20, 1983, Webb rejected the second plan stating that the long unbroken roofline, the large expanse of garage and shop doors, and the use of roll-up sectional garage and shop doors created a commercial type of facade which was not in harmony with the surrounding residences, in violation of Article VI of the building restrictions. Despite the rejection of both plans, the Sonniers began construction of their house. Oakbrook Civic Association responded by filing a petition for injunctive relief.

The trial court granted a preliminary injunction based on the committee's finding that the configuration of the house on the lot was not in harmony with the surrounding structures, in violation of Article VI. The court found that the committee reasonably concluded that the Sonniers' house was not harmonious. The trial court, however, did not address whether the Sonniers' garage was required to be one hundred feet from the property line on Oak Shadow Avenue. The court of appeal reversed. It found that a building restriction as Article VI, which is couched in general terms and which prohibits total use of the property, is unenforceable as an inhibition of the free use and development of immovable property favored by law. The court of appeal further found that under Article VII, Section 12 of the building restrictions, the Sonniers were not required to set their garage one hundred feet back from the property line on Oak Shadow Avenue.[1] Upon application of the association, we granted certiorari *1010 to review the correctness of the court of appeal decision.[2]

There are two issues presented by this litigation. First, we must consider whether under Article VII, Section 12 the Sonniers are required to position their garage one hundred feet from Oak Shadow Avenue. Second, we must decide whether Article VI is enforceable in Louisiana, and, if so, if it applies in the instant case.[3]

The law is clear that building restriction clauses constitute real rights, not personal to the vendor, and inure to the benefit of all other grantees under a general plan of development, and are real rights running with the land; and that the remedy of the other grantees to prevent a violation of the restrictions by another is by injunction. Edward v. Wiseman, 198 La. 382, 3 So.2d 661 (1941). It is undisputed in the instant case that the building restrictions constitute a general plan of development which was properly filed, thus giving constructive knowledge of its contents to all prospective purchasers.[4]

Set Back From the Property Line

Article VII, Section 12 of the building restrictions provides:

Garages and carports may be attached to the main dwelling, but must not be nearer to the side or rear property line than fifteen (15) feet. Attached garages and carports shall not open to any street on which the residence faces, unless located wholly at least one hundred (100) feet from the front property line.

The association maintains that this provision should be interpreted to mean that garages must be set back at least one hundred feet from any street on which the residence has an elevation or entrance. According to the association, the intent of the provision is to preserve the appearance of the property on all streets, and the close proximity of garage doors to a facing *1011 street is a detriment to the property values of the subdivision.

Restrictive covenants are to be construed strictly. Clark v. Manuel, 463 So.2d 1276 (La.1985). Furthermore, the words of a contract are to be understood, like those of a law, in the common and usual signification, without attending so much to grammatical rules, as to general and popular use. La.Civ.Code art. 1946 (current version at La.Civ.Code art. 2047). The language of Article VII, Section 12 of the building restrictions requires that all garages and carports be at least fifteen feet from the rear and side property line; however, only those garages and carports which open onto the street which the residence faces must be one hundred feet from the property line. The Sonniers' garage is fifteen feet from the rear and side property lines. Since their house faces Oakbrook Drive and the garage opens onto Oak Shadow Avenue, the garage need not be one hundred feet from the property line on Oak Shadow Avenue. We conclude, therefore, that the court of appeal did not err in finding that the committee acted incorrectly in applying Article VII, Section 12 in the instant case.

Approval in Writing as to Harmony

Article VI of the building restrictions provides in pertinent part:

Review by Committee.

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481 So. 2d 1008, 1986 La. LEXIS 5486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakbrook-civic-assn-inc-v-sonnier-la-1986.