Donald's Development Company buys 10 acres of property and prepares a plan to develop it with 10 new homes. Because Donald is concerned about selling all 10 homes, he files and records a declaration providing that all homes in the development must be single family homes with no above ground pools. 8 years later a second buyer of one of the homes installed an above ground pool. The neighboring owners sued for and injunction requesting a court enforce Donald's restriction as an Equitable Servitude and require the new owner to remove the above ground pool. 

Briefly describes the judge's ruling.