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SLOANE v. DIXIE GARDENS, INC.

No. 71-660.

278 So.2d 309 (1973)

Henry A. SLOANE et al., Appellants, v. DIXIE GARDENS, INC., and Crestridge Utilities Corporation, Appellees.

District Court of Appeal of Florida, Second District.

June 1, 1973.

Attorney(s) appearing for the Case

J.E. Satterfield, Clearwater, for appellants.

Dan C. Rasmussen, Delzer, Edwards & Martin, Port Richey, for appellees.

MANN, Chief Judge.

Sloane, a resident of Crestridge Gardens Subdivision, sought a declaratory judgment invalidating a restriction recorded in reference to that subdivision and which the developer asserts is binding on all residents as a covenant running with the land. It reads:

"If the Developer ... or the CRESTRIDGE UTILITIES CORPORATION ... causes garbage collection service bi-weekly1

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