"Because the covenant was extinguished before then there is a very real chance that it would get extinguished again in the supreme court.
All I can say to this is "wow". You clearly have zero idea on how our system works. And basic math.
The covenant was extinguished at the lowly High court level.
A significantly more robust court process occurs at the Appeal Court (the second highest court in the land) - and as we discovered there was ZERO chance that the covenants would remain extinguished. The chances were so BAD the appeal court did not agree to one single ground for extinguishing. Think about that for a moment.
And then there is the chance the Supreme Court may not even hear the appeal. All they needed was one judge to say "yes" to hearing the appeal - and they couldnt even achieve that. So now its a knife edge decision on whether or not the Appeal will be heard. From there its anyones guess - but we know statistically the chances are very low.
I think you are barking!
If the covenant is extinguished then that is fine.
I'm not so sureabout that - but more on that for another day.
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