A-22-203, Doug Watson, et al. (Appellees) v. Michael R. Pick (Appellant)
Washington County District Court, Judge John Samson.
Attorney for Appellant: Rex J. Moats (Moats Law Firm, P.C., L.L.O.)
Attorney for Appellees: Brad Entwistle and David P. Wilson (Walentine O’Toole, LLP)
Civil Action: Property, Covenants, and Permanent Injunction
Action Taken by the Trial Court: Appellees filed a petition to permanently enjoin Appellant from continued violations of restrictive covenants applicable to the Spring Valley Subdivision, of which all of the parties are residents. Appellees alleged that Appellant was carrying on business activity and operating a junk yard on his Spring Valley Subdivision property in violation of a number of restrictive covenants. Appellant counterclaimed, alleging various offenses, but his claims were ultimately dismissed for failure to state a claim upon which relief could be granted. After trial, the district court found that Appellant was violating the restrictive covenants at issue and thus permanently enjoined Appellant from further violations. The court further crafted a mitigation timetable and plan to enforce the injunction.
Assignments of Error on Appeal: Appellant assigns that the district court erred in (1) finding that the restrictive covenants applied to the parties and that Appellees had standing to sue, (2) dismissing Appellant’s amended counterclaim, (3) finding that Appellees had not waived enforcement of the restrictive covenants, (4) finding that the terms “noxious or offensive” and “annoyance or nuisance” were not ambiguous, (5) finding that Appellant violated section VI of the restrictive covenants, and (6) entering a permanent injunction that was overbroad.