Stone Hill Community Ass'n v. Norpel

Kenneth and Mary Norpel appeal from a judgment of the district court that granted a permanent injunction against their further use of a thirty-five-foot flagpole attached to the roof of their home. The district court found that the restrictive covenants that run with the land prevent such an exterior erection without the prior approval of the architectural committee of the Stone Hill Community Association. On appeal, the Norpels argue that under the First Amendment, the association cannot prevent them from displaying the American flag. We affirm.

We review this equity action de novo. Dental…