Rodney G. Englund, Dyann K. Englund, and Georgetown Contractors, LLC v. Dauphin Island Property Owners Association

Summary

The court reversed the permanent injunction requiring removal of portions of the Englunds' house because the trial court failed to apply the relative-hardship defense. Although the Englunds breached unambiguous restrictive covenants by building beyond the setback and without prior association approval, the harm of tearing down and rebuilding the house was considerably disproportionate to the benefits of enforcement, and the evidence did not establish unclean hands. The association's attorney-fee cross-appeal was dismissed as moot.