All of the deeds for the lots on a city block contained a restrictive covenant requiring that all houses built on the lots be set back a minimum of 50 feet from the sidewalk. local zoning regulations required that all homes on the block be set back a minimum of 35 feet from the sidewalk. a man purchased a lot on the block on which it would be possible to build a home with a 50-foot setback. however, the man applied to the city zoning commission for a variance reducing the setback to 30 feet from the sidewalk. in his petition, the man cited the unusual shape of the lot and asserted that it would cause hardship for him to build in compliance with the 35-foot setback required by the zoning regulations. the zoning commission granted the man the variance. a woman whose home was located on the block noticed surveyors putting up ropes 30 feet from the sidewalk on the man’s lot, and she discovered that the man planned to build a home with only a 30-foot setback. the woman brings suit to enjoin the man from building a residence with a setback of less than 50 feet. who will prevail?
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All of the deeds for the lots on a city block contained a restrictive covenant requiring that all ho...
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