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Farmington Woods Homeowners Association, Inc. v. Wolf

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Thursday, May 3, 2012

S-11-0970, Farmington Woods Homeowners Association, Inc. v. Glen Wolf and Rhonda Wolf (Appellants)

Douglas County, Judge James T. Gleason

Attorneys: Jason M. Bruno (Sherrets Bruno & Vogt LLC) (Appellants) --- Larry R. Forman (Hillman Forman Childers & McCormack)

Civil: Covenants; summary judgment

Proceedings below: The district court granted Appellee’s motion for summary judgment and ordered that the Appellants were permanently enjoined from operating a day care business from their residence.

Issues: The district court erred in (1) granting Appellee’s motion for summary judgment; (2) failing to apply the defenses of waiver, estoppel, laches and unclean hands despite overwhelming evidence in the record; (3) finding operation of a home day care violates the covenants; (4) failing to grant Appellants’ motion for summary judgment; (5) failing to hold Appellees in contempt for failing to disclose other covenant violations including the five businesses operated out of the home of the Appellee’s president.

This page was last modified on Friday, May 4, 2012