Moore v. Wentz

Defendants appeal from the trial court’s order granting plaintiffs’ motion for summary judgment, permanently enjoining defendants from operating a day-care center in their home, and further appeal from the order of the trial court quashing their motion for reconsideration or a new trial.

Plaintiffs instituted this action, seeking a permanent injunction, enjoining defendants from operating a day-care center out of their home, relying on the restrictive covenants in the plat and in the defendants’ chain of title re- striding the use of the property to exclusively residential use. On November…