Owner held 500 acres in fee simple absolute. In 1960 Owner platted and obtained all required governmental approvals of two subdivisions of 200 acres each. In 1960 and 1961 commercial buildings and parking facilities were constructed on one subdivision, Royal Center, in accordance with the plans disclosed by the plat for that subdivision. Royal Center continues to be used for commercial purposes. The plat of the other subdivision, Royal Oaks, showed 250 lots, streets, and utility and drainage easements. All of the lots in Royal Oaks were conveyed during 1960 and 1961. The deeds contained provisions, expressly stated to be binding upon the grantee and the grantee's heirs and assigns, requiring the lots to be used only for single-family, residential purposes until 1985. The deeds expressly stated that these provisions were enforceable by the owner of any lot in the Royal Oaks subdivision. At all times since 1949, the 200 acres of Royal Center have been zoned for shopping center use, and the 200 acres in Royal Oaks have been zoned for residential use in a classification which permits both singlefamily and multiple-family use."In an appropriate attack upon the limitation to residential use by single families, if the evidence disclosed no fact in addition to those listed above, the most probable judicial resolution would be that
there is no enforceable restriction because judicial recognition constitutes state action which is in conflict with the Fourteenth Amendment to the United States Constitution. there is no enforceable restriction because of Owner's conflict of interest in that he did not make the restriction applicable to the 100 acres he retains. the restriction in use set forth in the deeds will be enforced at the suit of any present owner of a lot in Royal Oaks residential subdivision. any use consistent with zoning will be permitted but that such uses so permitted as are in conflict with the restrictions in the deeds will give rise to a right to damages from Owner or Owner's successor.
Question: Owner held 500 acres in fee simple absolute. In 1960 Owner platted and obtained all required governmental approvals of two subdivisions of 200 acres each. In 1960 and 1961 commercial buildings and parking facilities were constructed on one subdivision, Royal Center, in accordance with the plans disclosed by the plat for that subdivision. Royal Center continues to be used for commercial purposes. The plat of the other subdivision, Royal Oaks, showed 250 lots, streets, and utility and drainage easements. All of the lots in Royal Oaks were conveyed during 1960 and 1961. The deeds contained provisions, expressly stated to be binding upon the grantee and the grantee's heirs and assigns, requiring the lots to be used only for single-family, residential purposes until 1985. The deeds expressly stated that these provisions were enforceable by the owner of any lot in the Royal Oaks subdivision. At all times since 1949, the 200 acres of Royal Center have been zoned for shopping center use, and the 200 acres in Royal Oaks have been zoned for residential use in a classification which permits both singlefamily and multiple-family use."In an appropriate attack upon the limitation to residential use by single families, if the evidence disclosed no fact in addition to those listed above, the most probable judicial resolution would be that
A. there is no enforceable restriction because judicial recognition constitutes state action which is in conflict with the Fourteenth Amendment to the United States Constitution.
B. there is no enforceable restriction because of Owner's conflict of interest in that he did not make the restriction applicable to the 100 acres he retains.
C. the restriction in use set forth in the deeds will be enforced at the suit of any present owner of a lot in Royal Oaks residential subdivision.
D. any use consistent with zoning will be permitted but that such uses so permitted as are in conflict with the restrictions in the deeds will give rise to a right to damages from Owner or Owner's successor.
Answer: