Johnson v. Howells

STERNBERG, Judge.

In a declaratory judgment action, the court entered judgment in favor of the plaintiffs. Plaintiffs nevertheless appeal contending that the judgment should have been entered on a different basis. We agree and therefore affirm the judgment, but base it on a different reason than did the trial court.

In 1976, the owners of all the property within a subdivision in Fountain, Colorado, created and recorded restrictive covenants pertaining to the property. One provision thereof stated:

“Change in Covenants: These covenants are to run with the land and shall be binding on all parties…