Gary J. Jeschke v. Turnstone Group, LLC

McFadden, Presiding Judge.

*155 This appeal challenges a summary judgment order finding that a declaration of restrictive covenants applies to two lots in a subdivision. The record shows that there are no genuine issues of *156 material fact as to the declaration's applicability to one of the lots, but there are genuine issues of material fact as to its applicability to the other lot. So we affirm in part and reverse in part.

1. Facts and procedural posture.

"On appeal from a grant of summary judgment, we conduct a de novo review of the evidence to determine if there exists a genuine issue of material…