Nearby changes do not satisfy the changed conditions doctrine so restrictive covenants remain in effect

The Alabama Supreme Court has reaffirmed the traditional rule that changes nearby but outside a restricted neighborhood are not sufficient to come within the changed conditions doctrine that would make existing restrictive covenants unenforceable. Capitol Farmers Market, Inc. v. Ingram, 2021 WL 5752352 (Ala. 2021). Covenants remain enforceable unless changes inside the neighbhorhood subject to the covenants have made it impossible for them to achieve their original purposes. In this case, changes within a mile-one radius of the restricted properties were not enough to conclude that the covenants could not achieve their purposes, especially because properties on several sides were still being used in a manner consistent with the covenants.