Covenant Enforcement vs. Alleged Waiver by Prior Acquiescence

A property owner sought to halt construction on an adjacent lot, claiming the projected building's height would violate a private covenant restricting buildings to a maximum of two stories, a restriction the neighbor argued had been implicitly waived due to prior unchallenged construction activities on other lots within the common development. The court ruled in favor of the property owner seeking to enforce the covenant, reasoning that the mere tolerance of prior, potentially distinct building variations on neighboring lots did not extinguish the right to enforce the specific height restriction in the deed against the current neighboring construction, as silence or inaction does not constitute tacit renunciation of a clear contractual right unless the facts unequivocally demonstrate an intent to waive that specific right.