McLain v. Anderson

THOMAS, Justice.

Dorothy M. McLain, Margo L. Nelsen, and David A. Nelsen, some of the neighbors (neighbors) of Jerry A. Anderson and Faith K. Anderson (Andersons), instituted this action to enjoin claimed violations of certain restrictive covenants attached to a rural subdivision. They also sought to recover a $25.00 per day penalty together with attorney fees. Both attorney fees and the continuing penalty are provided for in the covenants. The neighbors assert that the trial court erred in construing the term “residence” as being a “lot” in the paragraph of the covenants relating to keeping…