Moore v. Wolititch
Annotate this CasePlaintiffs were several residents in the Milatzo Subdivision who sought to permanently enjoin Defendants from operating a daycare business out of their residence in the Subdivision. The district court granted Plaintiffs’ request for a permanent injunction, concluding (1) Defendants’ daycare operation violated the protective covenants governing properties in the Subdivision, (2) Defendants did not establish that those covenants had been abandoned, and (3) the violation harmed Plaintiffs. The Supreme Court affirmed, holding that the district court did not err in finding that the protective covenants governing the Subdivision were not abandoned and that Defendants flagrantly ignored the covenants when they opened their daycare operation.
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