Pérez Espinosa v. Pagán
Pérez Espinosa v. Pagán
Opinion of the Court
delivered the opinion of the Court.
Plaintiffs are the owners of certain lots in Joaquín Ema-nuelli St. of the Urbanization Dávila y Lienza in Hato Rey. In the petition for injunction which they filed against Adolfo 5. Pagán and the Iglesia de los Peregrinos, Inc., they alleged in brief that they are the owners of lots 5, 3, 7, 10 and 34 of that development; that defendant Adolfo S. Pagán is the owner of lot No. 37 located in that street; that Pagán’s lot
The codefendant Iglesia de los Peregrinos, Inc., answered the complaint admitting some facts and denying the essential averments. As special defenses it alleged that it obtained the corresponding permit and authorization from the Permit Official of the Planning Board of the Commonwealth of Puerto Rico to carry out its project; that plaintiffs had knowledge thereof because they intervened at the hearing
The issue thus joined, the case was heard on the merits. The trial court rendered judgment, supported by findings of fact and conclusions of law, sustaining the complaint and ordering the defendants to abstain permanently, personally, and through agents, etc., from devoting, using or availing themselves of lot No. 37 of the aforesaid development for purposes other than those legally permitted by the aforementioned restrictions. It likewise ordered the codefendant to suspend immediately the construction of the frame house and imposed the costs on both defendants including the sum of $200 for attorney’s fees.
The codefendant Iglesia de los Peregrinos, Inc., appealed to this Court and assigns in its brief the errors which we now turn to discuss.
In the first place it contends that in granting it permission to build the frame house, the Planning Board of Puerto Rico abolished the private restrictive covenants which barred the construction of the frame house and hence the trial court erred in granting the injunction. Appel-, lant is not correct. There is nothing in the Planning Act, 23 L.P.R.A. § § 1-54, nor in the Regulations approved by the Board by virtue of that Act, indicating that the mere issuance of a building permit has the effect and scope of invalidating private restrictive covenants which are inconsistent with the permit granted.
Appellant likewise contends that the plaintiffs lost their right to oppose the construction of the building in question by virtue of the private restrictive covenants, for although they did raise the question before the Planning Board they did not appeal to this Court from the decision of the Board affirming the action of the Permit Official.
Appellant finally insists that the plaintiffs did not prove irreparable damages and that, consequently, injunction does not lie. On several occasions we have decided the ques
The judgment appealed from will be affirmed.
The first of the restrictive covenants imposed on the lots located in the development reads as follows:
“All buildings erected on said development shall be of reinforced concrete, block or any similar material and for residential purposes exclusively, with the exception of the lots appearing in the registration plan under the numbers one, thirty-three, fifty-four, fifty-five, fifty-six, fifty-nine and sixty, and no building at a cost of less than FIVE thousand DOLLARS shall be erected on each lot.”
Such restrictions constitute real rights and are recordable in the • Registry of Property. Baldrich v. Registrar, 77 P.R.R. 700.
The codefendant Pag’án did not answer nor appear at the hearing-held.
We need not discuss in the instant case whether the Planning Act grants power to the Board to invalidate said restrictions or whether a measure to that effect would be constitutional without providing funds for the payment of just compensation to the persons entitled to demand compliance with the restrictions. See 48 Mich. L. Rev. 103; Alfortish v. Wagner, 7 So. 2d 708; 26 C.J.S. § 171c, pp. 574, 577.
See $ 26 of Act No. 213 of May 12, 1942 (p. 1106), as amended by Act No. 434 of May 14, 1951 (pp. 1226, 1242); 23 L.P.R.A., $ 28.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.