STONE HILL COMMUNITY ASS'N v. NORPEL

No. 91-1856.

492 N.W.2d 409 (1992)

STONE HILL COMMUNITY ASSOCIATION, Appellee, v. Kenneth L. NORPEL and Mary Alice Norpel, Appellants.

Supreme Court of Iowa.

Rehearing Denied December 23, 1992.


Attorney(s) appearing for the Case

James H. Reynolds, Dubuque, for appellants.

Chad D. Cox of Reynolds & Kenline, Dubuque, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SNELL, and ANDREASEN, JJ.


PER CURIAM.

Kenneth and Mary Norpel appeal from a judgment of the district court that granted a permanent injunction against their further use of a thirty-five-foot flagpole attached to the roof of their home. The district court found that the restrictive covenants that run with the land prevent such an exterior erection without the prior approval of the architectural committee of the Stone Hill Community Association. On appeal, the Norpels argue that under the First...

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