BLUE REEF HOLDING CORP. v. COYNE

No. 94-1302.

645 So.2d 1053 (1994)

BLUE REEF HOLDING CORP., INC., Appellant, v. Joseph F. COYNE, Individually and as Trustee of Saturn Realty Trust, a Massachusetts Business Trust, Frank L. Viola, Anthony M. Viola, Jaguar Construction, Inc., Jupiter Key Association, Inc., Haymarket Cooperative Bank, and The Town of Jupiter, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 27, 1994.


Attorney(s) appearing for the Case

David L. Gorman and Peter S. Van Keuren of David L. Gorman, P.A., North Palm Beach, for appellant.

Nancy W. Gregoire, Brian S. McHugh and Porcher L. Taylor, III, of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellees-Joseph F. Coyne, Individually and as Trustee of Saturn Realty Trust, a Massachusetts Business Trust, Frank L. Viola, Anthony M. Viola, Jupiter Key Ass'n, Inc. and Haymarket Coop Bank.


WARNER, Judge.

In this appeal from the denial of a temporary injunction the trial court determined that a declaration of restrictions to real property gave a developer an unfettered right to change the size and configuration of recreational parcels of property in its development. We hold that the declarations of covenants and restrictions prevent such a modification without the consent of the owners and reverse.

Appellant is the owner of two residential lots...

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