McIntyre v. Zara

Martha K. Zara appeals from a summary judgment granted in favor of Mark and Sharon McIntyre, holding the property purchased by the McIntyres from Mrs. Zara was not subject to two restrictive covenants thereby allowing the McIntyres to subdivide their property and to use a contractor of their choice. On appeal Mrs. Zara contends that summary judgment should not have been granted because there is a genuine issue of fact concerning the parties’ intent to be bound by the restrictive covenants. Because a genuine issue of fact concerning intent of the parties exists, we hold that summary judgment…