Property Owner Injunction Denial Over Building Height Restriction Interpretation

The court upheld the dismissal of a request for an injunction against property owners seeking to construct a multi-story apartment building, which the neighboring property owner alleged violated existing building restriction easements recorded in the land register limiting construction to two stories plus an attic room. The court reasoned that interpreting the 1931 municipal building code, which was relevant to the easement's creation, indicated that the term "story" excluded basements that did not significantly protrude above ground level, and thus the proposed "first basement" level did not count toward the two-story limit, meaning the applicant failed to credibly demonstrate a violation of the stock limitation or the restriction to a single residential building, consistent with the principle of strictly interpreting servitudes.