Larry N. Mendelson v. Bert H. Bornblum, et al.

This case involves a dispute over the subdivision of a lot within a residential neighborhood restricted by protective covenants. The plaintiff purchased a lot within a neighborhood in Memphis. Although not required under the then-existing protective covenants, he obtained majority consent of the other neighborhood lot owners to subdivide his lot into two separate lots. The Land Use Control Board denied the side-by-side configuration as well as a previously recommended flag-lot configuration.  The plaintiff appealed to the Memphis City Council, and the council overturned the Land Use Control Board’s rejection of the plaintiff’s application. Before the council’s decision was formally issued, however, the lot owners amended the neighborhood’s restrictive covenants so that the plaintiff’s proposed re-subdivision, as well as any further subdivision of lots within the neighborhood, would be prohibited. The plaintiff filed an action for declaratory judgment. At the hearing on cross-motions for summary judgment, the parties agreed to submit the case on stipulated evidence, and the trial court denied the plaintiff’s request for declaratory relief. The plaintiff appeals. We reverse.