D & M Country Estates Homeowners Association v. Romriell
Idaho Supreme Court
59 P.3d 965 (2002)
Dwight and Denise Romriell (defendants) purchased property in the D & M subdivision. At the time of purchase, a single-family dwelling was located on the property. The Romriells planned to operate a group home for the elderly and wanted to house up to eight unrelated individuals. But the D & M subdivision had a restrictive covenant (the covenant) that prohibited the use of a dwelling by more than two families. The Romriells sought approval for their proposed group home by requesting an exception to the covenant. The D & M Country Estates Homeowners Association (the association) (plaintiff) rejected the Romriells’ request for an exception. Nevertheless, the Romriells began converting the single-family dwelling into a group home for the elderly. The association subsequently filed suit, alleging that the Romriells violated the covenant. The Romriells counterclaimed, contending that the covenant was invalid. The district court found that the covenant was valid and also found that the covenant prohibited the Romriells’ proposed group home for the elderly. The Romriells appealed.
Rule of Law
Holding and Reasoning (Trout, C.J.)
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