Micklon v. Dudley

¶1 Dennis Micklon appeals from the decision of the District Court for the Nineteenth Judicial District, Lincoln County, holding that Arthur and Lynn C. Dudleys’ 3,000-square-foot shop did not violate a restrictive covenant limiting lot use within the parties’ subdivision to residential use. We reverse.

¶2 We restate the issue on appeal as follows: Did the District Court err in concluding that the shop on the Dudleys’ lot did not violate the subdivision’s restrictive covenant mandating that “[n]o lot shall be used for any purpose except residential use”?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 The…