Lawton v. Schwartz

OPINION

FRY, Judge.

Plaintiff Mary Lawton appeals the district court’s order granting Defendants’ motion for summary judgment and dismissing her claims for injunctive relief. Plaintiff filed suit attempting to enforce a provision of the Estancia Primera subdivision’s (Subdivision) restrictive covenants (CCRs) that prohibited trees maintained within the Subdivision from interfering with homeowners’ views. Plaintiff primarily raises two issues on appeal. First, Plaintiff argues that an amendment to the CCRs that terminated the view restriction was improper during the fifty-five year term of the…