Majers v. Shining Mountains

Appellant, Shining Mountains, appeals an order of the District Court of the Fifth Judicial District, Madison County, granting plaintiffs’ motion for partial summary judgment. The District Court held that Shining Mountains had an implied covenant to construct improvements indicated on a recorded plat. The order also stated the covenant could be enforced through specific performance. We reverse and remand for further proceedings.

Shining Mountains acquired and subdivided a 7,000 acre ranch in Madison County between January and July, 1972. In order to sell the lots, they prepared and recorded…