Fink v. Miller
Court of Appeals of Utah
896 P.2d 649 (1995)
C. W. Fink (plaintiff) and Shannon and Jim Miller (defendants) both purchased lots in a subdivision subject to protective covenants. The covenants required wood shingles on the roofs of all structures. The covenants further required the approval of building plans by the Community Development Committee. Prior to 1985, the committee received a copy of the covenant agreement with a handwritten addition allowing alternative roofing materials. Consequently, the committee approved plans calling for tile or fiberglass/asphalt shingle roofs prior to 1985. In 1985, the committee learned the covenant had not actually been amended. However, by the end of 1985, some 21 homes had been completed with either tile or fiberglass/asphalt shingle roofs. The committee sought to enforce the restriction to wood shingles after 1985. In 1990, when the Millers requested approval to change their building plans to call for fiberglass shingles, the committee denied their request. The Millers began installing the fiberglass shingles without committee approval. In 1991, Fink sued seeking an injunction to prevent the Millers from installing fiberglass shingles. The trial court granted summary judgment for the Millers, and Fink appealed.
Rule of Law
Holding and Reasoning (Orme, J.)
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