Atwood v. Smith

JONES, Justice.

This is an appeal from the district court’s orders which denied the Smiths’ motion to amend, determined that the Smiths violated restrictive covenants by operating a daycare in their home, and granted an injunction requiring the cessation of the Smiths’ daycare. We affirm in part and reverse in part.

I

Shelly and Joseph Smith entered into a purchase agreement on June 21, 2001, to acquire approximately 2.5 acres in a Nampa subdivision. The subdivision is zoned as rural residential. The Smiths’ lot was the fourth and final lot in the subdivision. These lots are governed by…