St. Clair v. Krueger

1988 OPINION NO. 114, FILED DECEMBER 13, 1988, IS HEREBY WITHDRAWN, AND THIS OPINION IS SUBSTITUTED THEREFOR.

Before BAKES, BISTLINE and HUNTLEY, JJ„ and McFADDEN, J. pro tern. * PER CURIAM.

This appeal arises from a complaint seeking to enforce a restrictive covenant on commercially developed land located in the neighborhood of St. Alphonsus Hospital in Boise. The St. Clairs are owners of land adjacent to that of Dr. Krueger. The St. Clairs sought a permanent injunction from the district court which would enjoin Dr. Krueger from building an office complex on his land. The basis for seeking the…