Haugh v. Smelick

ON REHEARING

1992 OPINION NO. 66, FILED APRIL 8, 1992, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

McDEVITT, Justice.

NATURE OF THE CASE

This appeal concerns development and construction of a planned unit development (“PUD”). Respondent, Chris Haugh (“Haugh”), instituted this action against appellant, Robert Smelick (“Smelick”), seeking to enjoin Smelick from constructing four (4) residential units in an area alleged to be “common area.” The district court granted the injunctive relief, and Smelick appeals from that judgment. For the foregoing reasons, we reverse and remand the…