Legal Opinion · Concurrence

Bowers Welding and Hotshot, Inc. v. Bromley

Wyoming Supreme Court

Decided May 10, 1985No. 84-227Published

1Concurrence

ROONEY, Justice,

specially concurring.

I agree with the majority opinion with reference to its holding on the issues pertaining to nuisance and attorney fees. I do not agree with all of that said in the majority opinion relative to the restrictive covenants issue. And I believe the court need not have addressed such issue inasmuch as the case could have been disposed of on the nuisance issue.

Accordingly, there is no useful purpose in detailing my concern over that which I consider to be dicta. The principal fault of the holding of the majority opinion relative to restrictive covenants is its…

2Cases cited9 opinions

  1. McLain v. Real Estate Board of New Orleans, Inc.Supreme Court of the United States · 1980
  2. Martin v. Commercial Nat. Bank of MacOnSupreme Court of the United States · 1918
  3. Williams v. JacksonSupreme Court of the United States · 1883
  4. Amana Society v. Colony Inn, Inc.Supreme Court of Iowa · 1982
  5. Hein v. LeeWyoming Supreme Court · 1976

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