Quote:
Originally posted by Mmmm, Burger (C.J.)
Kind of raises an interesting question about private government, too. Nothing wrong with having your beliefs. Nothing wrong with living only with people who share those beliefs. Nothing wrong with having restrictive covenants that guarantee your neighbors will share your beliefs. Nothing wrong with having restrictive covenants that mutually limit your exercise of constitutional rights. Right?
|
What is this, the bar exam?
Of course there's a problem with having restrictive covenants that guarantee your neighbors will share your beliefs. I've tried to forget as much of my Property class as possible, but somehow that stuck. Can't tell you the name of the case, but I do remember it being surprisingly (to me) early, like the late 40s.
ETNote that the article seems to indicate there would be no restrictive covenants in the residential properties, but the commercial properties would be all leased, presumably with restrictions as to the type of business that can be conducted in each location. That seems to much less settled.
