I would like you to focus on Moore, not as a zoning case, but
as a covenant case. In other words, suppose the zoning laws did not pose
a problem for Mrs. Moore, but that she took Blackacre subject to a
"single family residential use only" covenant that defined "single
family" in such a way as to forbid her from allowing both grandsons to
live with her. Here are some questions to ponder:
1.
Would such a covenant run as either a real covenant or an equitable
servitude? What are the arguments that such a covenant would not run?
2.
Assuming the covenant would run under state law, would it be
unconstitutional for the courts to enforce it against Mrs. Moore? Why or
why not?
