Brown v. McDavid

Lewis, George, and J. Donald Yager (defendants) owned land that was referred to as Devil’s Thumb Ranch. In 1973, the Yagers contracted with B.J.R. Associates (BJR) (defendant) to develop and sell Devil’s Thumb Ranch. The ranch was divided into 26 separate lots. In 1974, five lots were sold to five parties, including Jack Bennett. The purchase contracts between BJR and the five parties contained a document with restrictive covenants. This document stated that the covenants would run with the land and discussed certain easements reserved to all owners, such as easements for access and utility purposes. The covenant document also permitted termination of the covenants if the owners of 66 percent of the lots consented to termination. In 1976, Mackintosh and Sylvia Brown (plaintiffs) acquired Bennett’s lot. The Browns made a request for an easement pursuant to the covenant document, which was denied by BJR and the Yagers. The Browns subsequently brought suit against BJR and the Yagers, seeking to enforce the covenant document. Following the filing of the suit, Don McDavid (defendant) bought the remaining lots, becoming the owner of 21 of the 26 lots. In 1977, McDavid recorded a document that terminated the covenant document. McDavid was then made a party to the suit. The trial court found that the covenants were perpetual, not terminable. McDavid appealed.