Bar Exam Uniform Quiz
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Your client owns a parcel of land that is benefited by a recorded covenant on an adjacent parcel. The covenant prohibits the construction of any building taller than one story on the adjacent parcel. The owner of the burdened parcel has recently obtained a zoning variance from the city that permits him to build a three-story building. The owner claims that this variance has rendered the private covenant unenforceable. Your client wishes to file for an injunction to stop the construction.
What is the best advice to give your client regarding the effect of the zoning variance on the covenant? Select one.
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