Swenson v. Erickson

OPINION

McHUGH, Judge:

¶ 1 David and Barbara Swenson appeal the trial court’s dismissal with prejudice of their complaint against David V. Erickson and David R. Limberg (collectively, Defendants). We affirm.

BACKGROUND

¶ 2 The Swensons, Erickson, and Limberg are owners of abutting lots in the Quail Point Subdivision (the Subdivision) in Sandy, Utah. A real estate development company created the Quail Point Subdivision in July 1973, at which time that company recorded the Quail Point Subdivision Restrictive Covenants (the Covenants).

¶3 In 1997, Erickson began building a structure he intended to…