Elmer Yu, Trustee of the Elmer Yu Revocable Trust U/A/D 8/11/2021, et al. v. James Cahill and Elaine Cahill

Summary

The Delaware Court of Chancery overruled exceptions to a Magistrate's Final Report in a dispute over a six-foot privacy fence allegedly violating Boulder Brook deed restrictions. The Court held that the restrictive-covenant violation caused irreparable harm, including harm to the neighborhood's social contract and parklike character, and supported a mandatory injunction requiring removal of the fence. The Court dismissed the respondents' exceptions and declined to consider medical issues not presented to the Magistrate.

Holdings

1. Under Delaware law, irreparable harm is nearly presumed when a deed restriction is violated; an ongoing restrictive-covenant violation may constitute irreparable harm per se, even when the harm is largely aesthetic and does not diminish property use or enjoyment.
2. The Cahills' six-foot closed fence violated the deed restrictions because it exceeded the four-foot height limit, was not open in style, and was erected without the required neighbor approval.
3. The Court would not reopen the record on exception to consider the Cahills' medical issues because they had not presented those issues to the Magistrate and showed no good cause for introducing them later.

Questions Presented

1. Whether an ongoing violation of neighborhood deed restrictions constitutes irreparable harm sufficient to support a mandatory injunction.
2. Whether the Cahills' fence violated the Boulder Brook deed restrictions.
3. Whether the Court should reopen the record on exception to consider the Cahills' medical issues.
4. Whether the Magistrate's Final Report should be sustained and the respondents' exceptions dismissed.

Disposition

dismissed