Persimmon Hill First Homes Ass'n v. Lonsdale

Greene, J.:

Persimmon Hill First Homes Association (Association) appeals from tire district court’s denial of its motion for a permanent mandatory injunction against homeowners Howard and Carrie Lonsdale (Londales) to enforce a restrictive covenant prohibiting fences absent Association approval, and in no event fences exceeding 4 feet in height if on a boundary line. The district court denied the requested injunctive relief solely due to a perceived failure by the Association to demonstrate irreparable injury. We reverse.

Factual and Procedural Overview

In July 1978, tire developer of Persimmon…