O'NEILL v. Ferraro

Appellant O’Neill appeals from a declaratory judgment dated February 7, 1978, entered by the District Court of the Eighteenth Judicial District, Gallatin County. Appellant brought the action to determine the meaning and validity of a restrictive covenant in the respondents’ lease. The District Court sitting without a jury found the covenant prevented appellant from operating a Mexican food restaurant on the same premises where respondents operated their restaurant. The court also found the covenant to be valid.

Respondents have been operating a restaurant, the Overland Express since 1973 in a…