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Helmley v. Liberty County, Ga.

Plaintiffs' claim that the defendant's 20-year-old business violates a covenant prohibiting the use of his property for commercial purposes is barred by the 2-year statute of limitation for breach of covenants restricting land use.

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Appellants, a group of Liberty County property owners, filed suit challenging the Liberty County Board of Commissioners’ decision to rezone the property of their neighbor, Huey Jeffers, for commercial use. Appellants also alleged that Jeffers’ operation of a crabbing business on the property violated a restrictive covenant in his deed. Following a hearing, the superior court entered judgment against appellants, and we affirm.

1. As appellants do not challenge the factual findings of the superior court, we accept those findings as correct. The relevant facts are as follows. In 1968, Jeffers purchased a parcel of waterfront property on the Isle of Wight in Liberty County. The property was subject to a restrictive covenant prohibiting its use for commercial purposes, but Jeffers was unaware of the covenant. Within months of the purchase, Jeffers began a commercial fishing and crabbing operation on the property and built a dock, boat hoist, and other structures to that end. The business was fully operational by 1975, when Liberty County adopted a zoning ordinance. Although the property was zoned DM-1 Dunes and Marshes District—apparently a non-commercial designation, Jeffers continued to operate the business without any formal complaint until this litigation was instigated.

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