Parker v. PEACEFUL VALLEY PROPERTY OWNERS

• Decision Date: 06 July 1999
• Docket Number: No. S99A0906.,S99A0906.
• Citation: Parker v. PEACEFUL VALLEY PROPERTY OWNERS, 519 S.E.2d 440, 271 Ga. 325 (Ga. 1999)
• Parties: PARKER et al. v. PEACEFUL VALLEY PROPERTY OWNERS ASSOCIATION, INC.
• Court: Georgia Supreme Court

519 S.E.2d 440

271 Ga. 325

PARKER et al. v.PEACEFUL VALLEY PROPERTY OWNERS ASSOCIATION, INC.

No. S99A0906.

Supreme Court of Georgia.

July 6, 1999.

Adams, Ellard & Frankum, Jennifer L. Thacker, Clarkesville, for appellants.

Stewart, Melvin & Frost, Frank Armstrong III, Gainesville, for appellee.

FLETCHER, Presiding Justice.

The Peaceful Valley Property Owners Association sued Donald and Rebecca Parker to enjoin them from building a garage to store excavating equipment from their business.The trial court granted summary judgment to the association and issued a permanent injunction against construction.Because the association did not waive the requirements in the subdivision's restrictive covenant and the Parkers have not established the elements of estoppel, we affirm.¹

The Parkers purchased a lot in the Peaceful Valley subdivision in 1994 and sought permission to build a garage to store excavating equipment.The association's board of directors initially approved their plan, but rescinded its approval after the grievance committee found that the proposed storage building violated the restrictive covenant against commercial use of property.While the grievance was pending, the Parkers obtained a building permit from the county and cut down trees to clear the site.The association sought an interlocutory injunction against construction, which the trial court granted.Later, the trial court granted summary judgment to the association and permanently enjoined the Parkers from storing excavating equipment in the subdivision.The Parkers appeal.

1.The Peaceful Valley Subdivision Restrictive Covenant states that all land shall be used exclusively for residential purposes, except where the association designates.The covenant limits each lot to one single family dwelling house and one building for a garage.If any person disagrees with any decision of the board, officer, or committee under the covenant, it gives individual members the right to appeal the action or decision to the grievance committee.All decisions of the grievance committee are final.

The undisputed facts show that the Parkers proposed constructing a thirty-six foot by sixty-foot metal building near their house to store a dump truck, pickup truck, "baby dozer," backhoe, and front end loader that Mr. Parker used in his business.Both Mr. and Mrs. Parker testified that they planned to store and maintain the equipment in the building when it was not being used on a job.While they also testified that they would not have customers coming to their home or place an advertising sign in the subdivision, these facts do not transform their...