First of all, the headline is pretty clickbaity -- from the article it seems quite clear that this was a case of competing buyers, and the 8-foot setback is some spurious justification for why one of the buyers didn't move fast enough. Second, many commenters here are arguing that perpetual clauses like this ought to be disallowed. It certainly makes sense to me that clauses like these ought to be converted to regula…
Why do you want to limit people’s property rights for looks? Why does a row of buildings need to be exactly aligned? This type of thing and HOAs are a bane upon property owners. I’m glad I don’t have an HOA, and I’ll never understand the push to not allow semi-organically grown cityscapes. You need some zoning limits, but do it Japan style rather than for looks.
Just because you own something doesn't mean you get a free pass to be a nuisance to others. Laws are there to keep society together, not to enable antisocial proclivities.