Jarrett v. Valley Park, Inc.

Valley Park, Inc. and St. Marie Village Association, Inc. appeal from the judgment entered on the order of the Seventeenth Judicial District Court, Valley County, granting the plaintiffs’ motion for summary judgment and permanently enjoining enforcement of the restrictive covenant at issue. We reverse and remand with instructions.

We restate the issues on appeal as follows:

1. Did the District Court err in granting the plaintiffs’ motion for summary judgment based on its conclusion that the restrictive covenant at issue is void and unenforceable?

2. Are Valley Park, Inc. and St. Marie Village…