this post was submitted on 08 Jun 2026
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If you read the article, there was exactly this sort of clause in the deed, and now the courts are saying “fuck you”
It's one Court and unsurprisingly it's the Court located right there in town. I strongly suspect that the Third Court of Appeals is going to have a different take on this mess.
At least where I live you can't wash away a deed restriction like this by transferring the property a couple times.
It is wild to me that this wasn't handled elsewhere to begin with. There is no way to at least somewhat guarantee a fair process with this massive potential for conflict of interest.
Actually just did read the article, had to dig it up off an archive site. Honestly this seems like it's a garden variety case of deed washing. Pass the property back and forth a few times between various entities, somewhere in the line the deed restrictions get 'accidentally lost', and what comes out in the end is a parcel with no restrictions and the only one with any interest in enforcing restrictions is five or six owners ago (all with impeccable arm's length separation of course) so if a court does try and fix it you end up with a giant mess of transactions to unwind, some of which may not be possible to unwind.
Sadly if I'm correct that means the most likely outcome is the deed restriction is enforced and the data come center company files a claim with their title insurance. The best shot at actually unwinding any of this is that the property was transferred for significantly below market value or for nothing between some of those entities in the middle, which makes it a lot easier to argue they were acting as one.