Pine Tree Neighborhood Ass'n v. Moses
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The Supreme Court affirmed the decision of the district court granting summary judgment in favor of a neighborhood association seeking to enforce a restrictive covenant, holding that the district court did not err in granting the association's motion for summary judgment or in overruling the homeowners' cross-motion for summary judgment.
The Pine Tree Neighborhood Association (PTNA) brought this action against Homeowners alleging that Homeowners' lot was subject to a restrictive covenant prohibiting them from continuously parking their RV on their lot and seeking a permanent injunction. In response, Homeowners alleged that the restrictive covenants were unenforceable as a matter of law and, alternatively, that the PTNA waived the right to enforce the covenants. The district court granted summary judgment for the PTNA. The Supreme Court affirmed, holding that the district court did not err in granting summary judgment for the PTNA.
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