Legal Opinion

Norris v. Phillips

Colorado Court of Appeals

Decided January 22, 1981No. 79CA0577PublishedCited by 4 opinions

1Opinion of the Court

ENOCH, Chief Judge.

This is an appeal by defendants, James and Anita Phillips, from a judgment in favor of plaintiffs, Neal and Kathleen Norris, in the amount of $11,993.50. The case was tried to the court on a complaint that the defendants were in violation of a protective covenant and a personal agreement between the parties. We reverse.

The parties are adjoining landowners in a subdivision of five-acre residential sites in Douglas County known as Travios Filing 2. This subdivision is subject to the following pertinent restrictive covenants:

“2. No business shall be conducted on the premises…

2Cases cited4 opinions

  1. Rhue v. Cheyenne Homes, Inc.Supreme Court of Colorado · 1969
  2. Rywalt v. Writer CorporationColorado Court of Appeals · 1974
  3. Colorado State Bank of Denver v. RothbergColorado Court of Appeals · 1970
  4. Colorado Racing Commission v. Columbine Kennel Club, Inc.Supreme Court of Colorado · 1960

3Cited by4 opinions

  1. Cohen v. Kite Hill Community Assn.California Court of Appeal · 1983
  2. Lookout Mountain Paradise Hills Homeowners' Ass'n v. Viewpoint AssociatesColorado Court of Appeals · 1993
  3. Woodward v. BOARD OF DIRECTORS OF TACOColorado Court of Appeals · 2007
  4. Gleneagle Civic Ass'n v. HardinColorado Court of Appeals · 2008

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