White v. Wilhelm

Deanna White and the marital community of Robert and Marlyce Dixon, appeal a judgment denying them injunctive relief and/or damages for the alleged violation of certain residential restrictive covenants by the marital community of Glen and Carol Wilhelm. The Wilhelms cross-appeal the judgment of the trial court denying them attorney's fees for damages in defense of this action. Three issues are presented:

1. Whether substantial evidence supports the trial court's finding that the purpose of the restrictive covenants was to obtain FHA financing;

2. Whether the construction of a swimming pool…