Goldberg v. Jay Timmons & Associates
Court of Appeals of Utah
1Opinion of the Court
JACKSON, Judge:
Jay Timmons & Associates, Jay Timmons, and Marshall McDaniel (defendants) challenge the trial court’s award of injunctive relief to Gary Goldberg and Diana Meehan (plaintiffs). We reverse and remand.
BACKGROUND
Plaintiffs built a home in the Evergreen Subdivision of Deer Valley (Evergreen) in Park City, Utah. Defendants later built a home adjacent to plaintiffs’. Every lot in Evergreen is burdened by restrictive covenants listed in the Declaration of Covenants, Conditions, and Restrictions for Evergreen (CC & Rs). Plaintiffs brought suit against defendants alleging defendants had…
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