Hill v. Lindner

CROTHERS, Justice.

[¶ 1] David and Lori Hill appeal from a summary judgment dismissing their action to enjoin James and Pamela Lindner from operating a licensed day care in their home. The Hills claim the district court erred as a matter of law in deciding the Lindners’ licensed day care did not violate a restrictive covenant requiring the property to be used for “residential purposes only.” We hold the Lindners’ operation of a licensed day care in their home violates the restrictive covenant, and we reverse and remand for further proceedings.

I

[¶ 2] The Hills and the Lindners are next door…