Christina Manor Civic Association v. Gullo, (Del. Ch., Nov. 2, 2007), read opinion here. This case is an indication of the "backyard type disputes" that some might not be aware that the Court of Chancery deals with, in addition to the multi-billion dollar corporate disputes that get the most press.  This decision enforced deed restrictions that required prior approval by the homeowner association before new additions or garages were built. Despite arguments that the restrictions on the types of garages that could be built in this (older) housing development were arbitrary and  did not lend themselves to objective application (e.g., there was no specification on size), the court found them enforceable, and rejected defenses of estoppel and waiver. The court reasoned that the homeowner built the garage at her own risk, knowing that she did not obtain the requisite prior approval and therefore, the court ordered the 40′ by 30′ garage removed.