Conrad

Jerry Lee Dunn appeals the judgment after the court ordered him to take down his citizens’ band radio (CB) antenna because it was in violation of the covenants, conditions and restrictions of the subdivision in which he lives.

Michael J. Conrad, Dunn’s next door neighbor, brought suit. When the Dunns purchased their home they signed a “Buyer’s Acknowledgment of Deed Restrictions” which states in part: “The undersigned Buyer, in connection with his offer to purchase the above designated real property in the City of San Diego, acknowledges that he has been informed by the Seller’s representative that there are deed restrictions prohibiting the installation of outside television or radio antennas, masts, aerials, or whatever, for the purpose of audio or video reception.” The specific language in the deed is: “No antennae or other device for the transmission or reception of television signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors above ground on any property whether attached to a building or otherwise.”

Dunn argues the restriction is unenforceable because it denies him reasonable enjoyment and use of his CB transmitter…