Ronnie Robertson v. Jean A. Catalanotto

205 So. 3d 666, 2016 Miss. App. LEXIS 52
CourtCourt of Appeals of Mississippi
DecidedFebruary 9, 2016
Docket2014-CA-00332-COA
StatusPublished
Cited by6 cases

This text of 205 So. 3d 666 (Ronnie Robertson v. Jean A. Catalanotto) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ronnie Robertson v. Jean A. Catalanotto, 205 So. 3d 666, 2016 Miss. App. LEXIS 52 (Mich. Ct. App. 2016).

Opinion

CARLTON, J.,

for the Court:

¶ 1. Ronnie and Diane Robertson appeal the Forrest County Chancery Court’s judgment finding their property subject to valid and enforceable restrictive covenants. Jody and Jean Catalanotto filed a cross-appeal of the chancellor’s judgment, asserting that the chancellor erred in failing to award damages to the Catalanottos. Finding no error, we affirm the chancellor’s judgment.

• FACTS

¶2. The record reflects that South Pointe Investment Company owned 283.5 acres of property in Forrest County, Mississippi, which it eventually sold into separate tracts of undeveloped land. South Pointe attached restrictive covenants to all of the property deeds, and this action arises out of a dispute over the restrictive covenants.

¶ 3. The restrictive covenants state, in pertinent part:

The following Restrictive Covenants are hereby impressed upon the land, and said Restrictive Covenants shall run with the title to said property, or any part thereof, up to January 1, 1990, said Restrictive Covenants being as follows, to-wit:
Said protective restrictions and conditions are imposed on the property for the purpose of insuring the use of this property for residential and improving the attractive features of the property and securing to the owner the full benefit and enjoyment of his home or cottage, with no greater restrictions upon the free and undisturbed use of his property, than is necessary to insure the same advantages to other owners. Any violation of the within restrictions may be prosecuted in law or in equity by any property owner of said area.
(1) No portion of said property shall be used for other than residential or recreational purposes, arid no soil or trees shall be removed for any commercial use. Cutting of trees shall be limited to the extent necessary for clearing the foundation site for construction and improving the topography[;] any cutting of trees shall be done only under good forest management practices.
(2) No building shall be erected on any individual tract other than one single family dwelling or cottage, with garage and a single utility building for stable, equipment, etc.... Any house built on said tract shall have a minimum of One Thousand (1,000) square feet of total area....
[[Image here]]
(4) No structure of a temporary character, trailer, basement, tent, shack, garage or other outbuilding shall be used on any tract at any time as a residence, wither [sic] temporarily or permanently. Any garage shall be constructed at the same time or subsequent to the- construction of the house it is intended to serve.
[[Image here]]
(14) These restrictive covenants run with the land, but after January 1, 1990, may be changed by unanimous consent in writing of the owners.

(Emphasis added).

¶4. The Catalanottos and Robertsons each purchased tracts of land formerly owned by South Pointe. The record reflects that the Catalanottos purchased their property in 1997. The Robertsons *670 purchased their first tract of property in January 2011, and the Robertsons claim that when they purchased their property, it contained a lot of damaged timber from Hurricane Katrina. The Robertsons also state that when they bought the property, they were advised that the restrictive covenants had expired. The record reflects that the Robertsons’ deed fails to mention any restrictive covenants.

¶ 5. Then, on April 25, 2011, the Robert-sons began commercial logging operations on the property. The record reflects that the Robertsons submit that they hired a registered forester to advise them on the best forest-management practice in removing the damaged timber from their property and replanting the property. The record also shows that on that same day, counsel for the Catalanottos called the Robertsons to request that they comply with the restrictive covenants and immediately cease all logging operations on the land. However, the Robertsons continued the logging operations. As a result, the Catalanottos filed a petition for a preliminary injunction and temporary restraining order on April 25, 2011.

¶ 6. The day after the filing of the petition, the chancellor held a hearing on the matter. The Robertsons received notice and participated in the hearing by telephone. During the hearing, Ronnie Robertson admitted that he began commercial logging operations on April 25, 2011. The chancellor entered a temporary restraining order prohibiting any further logging operations by the Robertsons. The chancellor eventually extended the temporary restraining order indefinitely pending a final trial on the merits.

¶ 7. On May 12, 2011, the Catalanottos filed an amended petition for injunctive relief, to quiet title, for a declaratory judgment, for tortious breach of contract, for breach of contract, and for intentional infliction of emotional distress. The Catala-nottos asserted that the Robertsons breached the contractual terms of the restrictive covenant, and as a result, the Catalanottos suffered the expense of lost time from work to enforce the covenants, plus court costs.

¶ 8. On May 12, 2011, the Robertsons filed an answer to the petition for a preliminary injunction and temporary restraining order, arguing that the restrictive covenants expired on January 1, 1990, and were no longer in force and effect. 1 The Robertsons also filed a counter-complaint seeking a declaratory judgment that the restrictive covenants had expired and were no longer valid. The Robertsons requested that the court dismiss the Catalanottos’ petition for a preliminary injunction and restraining order.

¶ 9. Following a hearing on September 20, 2011, the chancellor entered an order setting forth that the parties had agreed to and entered into evidence a number of exhibits; that the parties should file expert opinions; and that the chancellor would thereafter issue her opinion based upon the agreed exhibits, the expert opinions, briefing, and a site visit of the property. On December 13, 2011, the chancellor also ordered that all property owners affected by the restrictive covenants in question be joined as parties to the action.

¶ 10. On February 12, 2012, the Rob-ertsons filed a motion to require removal of noncompliant structures and to increase the bond posted by the Catalanottos for the entry of the restraining order. The Robertsons alleged that the Catalanottos had “numerous noncompliant structures” *671 on their property that failed to comply with the restrictive covenants.

¶ 11. On February 24, 2012, the Catala-nottos filed a petition for a preliminary injunction against Ronnie Robertson requesting that the court enjoin and restrain him “from all activities which threaten[ed]” the Catalanottos. 2 The Catalanottos claimed that after filing their initial petition for , an injunction, the Robertsons began verbally harassing and intimidating the Catalanottos and threatening to further destroy the security of their home.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
205 So. 3d 666, 2016 Miss. App. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronnie-robertson-v-jean-a-catalanotto-missctapp-2016.