Bovenzi said he is willing to work with the landowners to develop a private covenant
that would allow owners to pursue individual sales, but that would ask them to agree to sell if the chance to sell tracts of contiguous land along 140 arose.
although "[s]ome observers regard zoning and private covenants as
now be "equally as detailed as the private covenants seen in
government to enforce private covenants. See generally Bernard H.
The revenue streams created by Freehold's private covenants
are intended to flow to private participants in the program -- the developers themselves, bond investors who provide capital upfront and others.
(20) At the outset, the Court, with Chief Justice Vinson writing, distinguished the private covenants at issue from state action that mandated discrimination, as with ordinances that required segregation (21) or that limited occupation on the basis of race.
(23) The Court, however, did not stop with that recognition of the distinction between direct state discrimination and the challenged private covenants. "[H]ere there was more," the Court noted; in the cases at issue, "the purposes of the agreements were secured only by judicial enforcement by state courts." (24) The Court's theory of state action flowed in clear terms, beginning with the Fourteenth Amendment's text.