Metzner v. Wojdyla

Christopher and Jadranka Wojdyla appeal the trial court's order of summary judgment, arguing that a genuine issue of material fact existed regarding whether their operation of a home day-care facility violated a covenant restricting use of their property to residential purposes only. We reverse.

In 1990, the Wojdyla family moved into a home in Tweed Twenty, a residential subdivision located in Whatcom County. Their backyard abutted the backyard of John and June Metzner, an elderly, retired couple. When the Wojdylas purchased their home, they were informed that a number of covenants restricted…