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VI. Suzie Sunshine lives in a single- family home located at 1 Ocean Ave, Seaside Heights, NJ, and her adjoining neighbor, Gloomy Glen lives in a single- family home located at 3 Ocean Ave. Both Suzie and Glen purchased their homes from the developer of the Sunny Isles Homeowners Association Community, and each property deed contained the following language: No additions or alterations can be made to the house located on the property which will block the adjacent property owner's view of the ocean. All landscaping, fencing, and other improvements located in the front yard of the property must be maintained so as not to exceed a maximum height of 4 feet." Suzie loved looking out her window to view the ocean, while Glen was usually glued to his TV watching golf. Suzie went on vacation for a few weeks to Miami Beach to soak up the sun. Upon arriving home from her trip she discovered that Glen had begun constructing an addition to his home in order to accommodate a new eighty- inch TV and also installed a nine- hole miniature golf course in his front yard with a 20" tall waterfall and a 30' tall windmill as centerpieces for the course. Suzie was very upset because her ocean view was partially impeded by the home addition and totally blocked each time the windmill spun around Suzie tried to talk to Glen about modifying his home addition and reducing the height of the windmill so that her ocean view would be restored, but her pleas went on deaf ears since Glen was too engrossed in watching the Masters Tournament on his new TV. Undeterred, Suzie instituted suit in court to enjoin the construction and have the addition and miniature golf course removed. Glen, in his answer to Suzie's complaint, claims that he never read his deed as it was given directly to his lawyer to record at the closing and he had no knowledge of the language contained in the deed and therefore he should not be held bound to same. He also advised the court in his responsive pleadings that several of his other neighbors in the Sunny Isles Community had also erected structures exceeding the 4 foot height limitation in their front yards including outdoor showers, swing sets, patio tables with umbrellas, and during the holiday season Christmas trees adorned with lights. You are the Judge hearing the case. What is the legal basis for Suzie's claim and what is the legal basis for Glen's defense? Based upon the above facts, how would you rule on the case and explain why? 40000/0125-20395925v6