Donald Eager v. Cecilia L Kaurich Trust

Murphy, J. (dissenting).

Plaintiffs Donald and Carol Eager filed a complaint against defendants Cecilia Peasley, individually and as trustee of the Cecilia L. Kaurich Trust, and Jeffrey and Sandra Cavanaugh, alleging that defendants, who are neighboring property owners, were renting out their lake houses for short-term use in violation of restrictive deed covenants that limited the use of their premises to "private occupancy," that only permitted the construction of "private dwelling[s]," and that did not allow for the *480"commercial use" of their premises.1 Plaintiffs' lawsuit claimed breach of…