From the decision by Warren County (Ohio) Judge Robert Peeler in Goebel v. Hopkins; it was handed down Dec. 16 but the motion for a new trial was just denied yesterday:
Plaintiffs were the owners of two property lots …. Plaintiffs built a residence on one lot and, in 2007, sold the second lot to a developer (the "Lot"), who subsequently sold the Lot to Defendant. The Lot was allegedly conveyed subject to certain permanent restrictive covenants running with the land, including that no improvement could be constructed on the lot without Plaintiffs' approval.
In May 2020, Defendant began the process of building a detached garage on the Lot without first obtaining approval from Plaintiffs. Based upon this conduct, Plaintiffs filed suit against Defendant on May 25, 2020 (the "2020 Lawsuit") raising causes of action in an amended complaint for violations of the restrictive covenants, nuisance, defamation, assault, trespass, and tortious interference. Defendant counterclaimed in the 2020 Lawsuit for defamation, assault/menacing, trespass, and tortious interference with business relations. Plaintiffs subsequently filed for a civil stalking protection order against Defendant on October 6, 2020 (the "CPO Lawsuit").
