Fink v. Miller

OPINION

ORME, Presiding Judge:

Plaintiff appeals the trial court’s order declaring a subdivision’s restrictive covenant requiring wood shingle roofing to be unenforceable. Having concluded that “[t]he facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument,” Utah R.App.P. 29(a)(3), we affirm.

FACTS

Plaintiff C.W. Fink and defendant Shannon Miller purchased lots in Maple Hills Subdivision No. 3, Plat D, located in the east bench area of Bountiful, Utah. Both parties received copies of the Agreement for…