Supreme Court of Arkansas
Vera Lee Angel Revocable Trust, Johnny Angel, and Paula Napper v. Jim O'Bryant and Kay O'Bryant Joint Revocable…
February 8, 2018537 S.W.3d 254
Summary
The court held that the subdivision covenant’s prohibition on uses other than residence purposes and on commercial purposes did not clearly prohibit short-term rentals. Applying strict construction against restrictions on land use, the court concluded that renting the house did not change its residential character and that the covenant lacked an express rental restriction. The court therefore reversed and dismissed the injunction.