Wesley M. Breland, Realtor, Inc. v. Amanatidis

996 So. 2d 176, 2008 Miss. App. LEXIS 719, 2008 WL 5064900
CourtCourt of Appeals of Mississippi
DecidedDecember 2, 2008
Docket2007-CA-01129-COA
StatusPublished
Cited by3 cases

This text of 996 So. 2d 176 (Wesley M. Breland, Realtor, Inc. v. Amanatidis) 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
Wesley M. Breland, Realtor, Inc. v. Amanatidis, 996 So. 2d 176, 2008 Miss. App. LEXIS 719, 2008 WL 5064900 (Mich. Ct. App. 2008).

Opinion

996 So.2d 176 (2008)

WESLEY M. BRELAND, REALTOR, INC., Appellant
v.
Nick AMANATIDIS and Cherry Amanatidis, Appellees.

No. 2007-CA-01129-COA.

Court of Appeals of Mississippi.

December 2, 2008.

*177 William E. Andrews, Purvis, Candance L. Rickman, attorneys for appellant.

Charles Edward Greer, attorney for appellees.

Before KING, C.J., GRIFFIS, and CARLTON, JJ.

CARLTON, J., for the Court.

¶ 1. Wesley M. Breland, Realtor, Inc. (Breland),[1] was permanently enjoined by the Lamar County Chancery Court from developing a parcel of land he owned in the Serene Hills subdivision for any purpose other than residential use. Breland appealed alleging the chancellor erred in restricting his "reserved" parcel of land to residential use because: (1) the restrictive covenants of the Serene Hills restricted lots 1-71 to residential development, but did not so restrict the "reserved" parcels; (2) the "reserved" parcels were clearly intended by the grantors to be used for purposes other than residential. Finding the chancellor's judgment for Nick and Cherry Amanatidis (collectively, Amanatidises) was based on substantial evidence and was neither manifestly wrong nor clearly erroneous, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. The heart of this dispute is about whether Breland is properly enjoined from developing his "reserved" parcel of land in the Serene Hills subdivision as commercial property under the restrictive covenants of Serene Hills and the Lamar County Subdivision Regulations of 1989 (subdivision regulations) as recommended by the Lamar County Planning Commission.

¶ 3. Wesley M. Breland (Breland), founder and sole owner of Wesley M. Breland, Realtor, Inc., and Herbert Slay were two of the original developers of Serene Hills. Together, they bought a sixty-acre parcel of property in Lamar County, Mississippi, which was later to become Serene Hills. In 1995, the two, along with several other individual investors, formed a development company, Red Oak, Inc., (Red Oak). Red Oak later purchased the sixty-acre parcel from Breland and Slay for the purpose of development.

¶ 4. The plat for Serene Hills was prepared by the employees of Shows, Dearman, & Waites. For the plat to be approved, it had to comply with the subdivision regulations. The subdivision regulations included definitions and regulations for making and filing a subdivision plat in Lamar County. Under section 404.03 of the regulations, "Required Information on Final Plat," the regulations specifically required the developer to provide the "[p]urpose for which sites, other than residential lots, are dedicated or reserved." Although Breland's lot was marked as "reserved," it was not designated with any purpose on the plat.

¶ 5. The Serene Hills plat was subsequently presented to Lamar County officials for approval. At the time of presentment, the subdivision regulations had been in place for approximately six years. The plat was approved and placed on the record in the land records of the Chancery Clerk of Lamar County. The plat depicts Breland's "reserved" parcel as being within the boundary of the Serene Hills subdivision. *178 The plat also had a certification from the engineer of Serene Hills that stated: "This is to certify that I surveyed the land shown on this plat and fully described above and subdivide the same with lots and that the plat hereon is a correct representation of said survey and subdivision."

¶ 6. On November 17, 1995, the restrictive covenants for Serene Hills were adopted and filed in the land records of the Chancery Clerk of Lamar County. The first restriction listed in the covenants stated: "All of the lots in the said Serene Hills Subdivision shall be known, described and used as residential lots, and no commercial building may be built thereon."

¶ 7. On the plat map, there are 71 designated lots numbered 1-71. There are two lots on the map marked "reserved." One "reserved" lot lies at the front corner of the subdivision, and the other, which is marked also as a "lagoon," is located at the back corner. Breland owns title to the "reserved" lot located on the front corner of the subdivision. Unlike the reserved lot at the back of the subdivision, which was designated for a lagoon, Breland's lot was not designated.

¶ 8. The plaintiffs, the Amanatidises, bought land adjoining Breland's front lot on October 19, 2005. Prior to closing, Nick reviewed the plat and covenants for Serene Hills. He testified that he understood the subdivision to be residential, so that all lots, including those marked as "reserved," would be for residential use only. Nick testified at trial that in determining whether to purchase Lot 39 and the house on it, he relied on an examination of the property with his wife, Cherry, and a review of the plat and restrictive covenants. The chancellor noted in his opinion that the Amanatidises did not review the subdivision regulations or involve any attorney or realtor in the purchase. When the Amanatidises learned Breland planned to develop his "reserved" lot as commercial property, they filed a complaint with the chancery court seeking to enjoin Breland from doing so.

¶ 9. The Amanatidises requested in their complaint that the court enter a declaratory judgment that would determine whether the restrictive covenants for Serene Hills applied to Breland's "reserved" lot. Alternatively, the Amanatidises pled that Breland should be equitably estopped from developing the "reserved" lot commercially. The matter was tried on the merits on April 26, 2007. At trial, several of the original developers and investors of Red Oak testified regarding what they thought "reserved" meant as it pertained to the overall plat and Breland's lot. The chancellor entered a judgment on June 28, 2007, in favor of the Amanatidises on their claim of equitable estoppel. Additionally, the chancellor permanently enjoined Breland from developing or using his lot for any purpose other than residential use.

¶ 10. On June 29, 2007, Breland filed his appeal alleging the chancellor erred when he found that the Amanatidises were entitled to rely on the Serene Hills plat, the Serene Hills restrictive covenants, and the Lamar County subdivision regulations, such that Breland was equitably estopped from commercially developing his "reserved" parcel.

DISCUSSION

¶ 11. The crux of this case is whether Breland's "reserved" lot is properly limited to only residential use. After the chancellor construed the plat, the restrictive covenants, and the subdivision regulations by looking at their "plain meaning," he found Breland's lot could only be used and developed for residential use. As a result, the chancellor granted the Amanatidises' claim for declaratory relief based on equitable *179 estoppel and permanently enjoined Breland from developing his "reserved" lot for any purpose other than residential use. Because we find the chancellor's findings were supported by substantial evidence and were not clearly or manifestly wrong, we affirm the chancellor's judgment for the Amanatidises.

¶ 12. The Court will not disturb a chancellor's findings if they are supported by substantial evidence unless the chancellor abused his or her discretion, was manifestly wrong, clearly erroneous, or applied an erroneous legal standard. Sanderson v. Sanderson, 824 So.2d 623, 625-26(¶ 8) (Miss.2002). The "manifest error" standard applies only to findings of fact. "If the chancellor is manifestly wrong in basing his decision upon the facts, then this Court will reverse, otherwise, we will affirm." Boggs v. Eaton, 379 So.2d 520, 522 (Miss.1980).

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Bluebook (online)
996 So. 2d 176, 2008 Miss. App. LEXIS 719, 2008 WL 5064900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wesley-m-breland-realtor-inc-v-amanatidis-missctapp-2008.