A-23-0836, Hillsborough Home Assoc. (Appellant) v. Paul and Connie Karnish
Douglas County, District Court Judge Leigh Ann Retelsdorf
Attorney for Appellant: Aaron F. Smeal & Timothy J. Buckley (Smith, Slusky, Pohren & Rogers, LLP)
Attorney for Appellee: Thomas J. Anderson (Thomas J. Anderson, P.C., L.L.O.)
Civil Action: injunctive relief; covenants and restrictions; waiver
Action Taken by Trial Court: The district court ruled in favor of Paul and Connie Karnish, holding the homeowner’s association waived its right to enforce a restrictive covenant against them that prohibited conducting business activities on an owner’s property, in this case a daycare.
Assignments of Error on Appeal: Did the trial court err in denying the homeowner association’s request for injunctive relief based on its finding that homeowner’s association waived its right to enforce the restrictive covenant? Did the trial court err in admitting evidence of other businesses being operated in other residences in the neighborhood?