(DOWNLOAD) "Mclain V. Anderson" by Supreme Court of Wyoming " eBook PDF Kindle ePub Free
eBook details
- Title: Mclain V. Anderson
- Author : Supreme Court of Wyoming
- Release Date : January 19, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Dorothy M. McLain, Margo L. Nelsen, and David A. Nelsen, some of the neighbors (neighbors) of Jerry A. Anderson and Faith K. Anderson (Andersons), instituted this action to enjoin claimed violations of certain restrictive covenants attached to a rural subdivision. They also sought to recover a $25.00 per day penalty together with attorney fees. Both attorney fees and the continuing penalty are provided for in the covenants. The neighbors assert that the trial court erred in construing the term "residence" as being a "lot" in the paragraph of the covenants relating to keeping livestock. In addition, the neighbors assert error on the part of the trial court in denying them attorney fees and the $25.00 per day penalty in connection with their claims against the Andersons. We hold that any error on the part of the trial court in its ruling that the developer intended the covenant relating to livestock to relate to a lot and not a residence that might exist on several lots has become moot because of an amendment of the covenants. We hold that there was no abuse of discretion in refusing attorney fees to the neighbors in this case, and the provision for a continuing penalty was a cumulative and discretionary sanction provided for the benefit of the collective landowners through the Architectural Committee. It was not intended to benefit individual owners who sought enforcement of the covenants. The Judgment entered in the trial court is affirmed.
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