Wheeler v. Sweezer

LISA WHITE HARDWICK, Judge.

Troy and Jodie Wheeler (Wheelers) filed suit to enforce certain covenants to restrict the use of land by their neighbors, Charles and April Sweezer (Sweezers). They sought a declaration of their rights and to enjoin the Sweezers from violating the covenants. The trial court dismissed the Wheelers’ petition for failure to state a claim upon which relief could be granted. The Wheelers appeal, asserting error in the dismissal because the petition stated sufficient facts to warrant a declaration of the parties’ rights. We reverse and remand for trial.

Facts and…