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Glisson v. IRHA of Loganville Inc.

The residential subdivision's restrictive covenants evidenced the parties' intent that any structure built on the properties must be consistent with the main residence's construction and the appellant's shed was clearly inconsistent with this intent.

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IRHA of Loganville, Inc. “IRHA”, a nonprofit corporation representing the homeowners of Ivy Ridge subdivision, brought a complaint for equitable relief and injunction against Deborah Glisson, who owns a home in Ivy Ridge, alleging that she violated the subdivision’s restrictive covenants by erecting a shed on her property. After a bench trial, the trial court found in favor of IRHA, enjoining Glisson from maintaining the structure. Glisson appeals and, for reasons that follow, we affirm.1

We review a trial court’s grant of a permanent injunction under an abuse of discretion standard; however, “where the issue decided is one of law, not fact, then the plain legal error standard of review applies.”2 The parties do not dispute the underlying facts. Glisson built a fenced dog run with a metal roof on her property. The property is subject to restrictive covenants, including the following:The exterior of any permanent storage building erected shall be constructed with the same material and color as exterior of residence.No temporary house, shack, tent, motor home, or mobile home shall be erected or placed on said property.Each lot shall be landscaped and maintained by the owner who shall:. . . erect no barns or sheds.

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