(concurring).
I join in the majority’s disposition of the case, except that with respect to the issue discussed under part III that pertains to the failure of Baum and Chatillion to make certain improvements in the lots, I join only in that portion of the majority opinion that declines to reach the issue because Mascara and Taylor did not adequately preserve the issue for appeal. I do not join in that portion which states, as an alternative ground for disposing of the issue, that the failure to make these improvements cannot constitute a defense to an enforcement proceeding. This is unnecessary to a disposition of the appeal.
DURHAM, J., concurs in the concurring opinion of ZIMMERMAN, J.