Septic Easement Violates Restrictive Covenants
The Arkansas Supreme Court affirmed judgment in Royal Oaks Vista, LLC v. Maddox, No. 07-542 (1/17/08).
The Royal Oaks Vista subdivision was platted in 1972. Among other things, the restrictions prohibited any "noxious trade or activity." In 2004, ROV filed a replat and began constructing a temporary septic easement across one of the lots. The manner in which the replat was filed violated the bill of assurances, but Maddox waited a year before filing suit in 2005. The trial court found the replat was invalid and denied ROV's defense of laches.
The supreme court affirmed. The Although ROV spent $200,000 building the septic infrastructure, most of this cost was incurred soon after the replat was filed. The delay in filing suit had no effect on ROV's costs.
