Collins v. Goetsch

OPINION OF THE COURT BY

OGATA, J.

This is an appeal from the issuance of a permanent injunction prohibiting defendants-appellants Jerry August Goetsch and Jean Ann Goetsch (hereinafter appellants) from advertising, renting, selling or otherwise using their property for occupancy other than as a single-family dwelling. The dispute in this case centers around the meaning of certain restrictive covenants to which appellants’ property is subject. For reasons set forth below, we reverse.

Several findings of fact were made by the court below. These factual findings will be set out for the most part…