Property Owner v. Neighbor Regarding Setback Violations

A property owner sought to enjoin construction by a neighbor on the basis that the planned building violated setback requirements stipulated in a shared set of building regulations; the lower court, despite noting the formal existence of the regulations, dismissed the action because the regulations had allegedly fallen into desuetude due to a long period of non-application and acquiescence by the property owners in the area, which effectively rendered them unenforceable. The highest court overturned this decision, reasoning that the mere passage of time and failure to enforce the restrictions do not automatically extinguish the rights established by recorded covenants, as only a clear and unequivocal waiver or a change in the essential character of the neighborhood, demonstrated by established contrary usage, can void such agreements.