Joel Misita v. Roy A. (Al) Conn and Mitzi P. Conn

Summary

The Mississippi Supreme Court considered whether a restrictive covenant prohibiting the erection of structures ran with the land and whether a large, enclosed, sign-bearing structure violated that covenant. The court held that the covenant was enforceable by the adjoining landowners and that Misita’s sign was a structure within the ordinary meaning of the deed restriction. It affirmed in part and reversed in part the Court of Appeals, reinstating and affirming the chancery court’s judgment ordering removal of the structure.

Holdings

1. The restrictive covenant ran with the land and the Conns possessed the right to enforce it against Misita.
2. Misita's sign was a structure within the ordinary meaning of the deed restriction, and its placement violated the restriction.

Questions Presented

1. Whether the deed restriction prohibiting structures ran with the land and could be enforced by the Conns as successors in interest.
2. Whether Misita's sign was a structure within the ordinary meaning of the deed restriction.

Disposition

reversed_and_remanded