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Gabriel v. Cazier
Idaho Supreme Court
938 P.2d 1209 (1997)
The Gabriels (plaintiffs) lived across the street from the Caziers (defendants) in a subdivision. Activities in the subdivision were restricted by a declaration of protective restrictions and covenants. One such covenant prohibited any business from being carried out in the subdivision. The Caziers’ children operated a swim class in their backyard pool during the summer. The Gabriels brought suit seeking an injunction on the ground that the swimming lessons violated the prohibition on conducting businesses in the subdivision. At least two other families in the subdivision conducted similar swimming lessons. No other residents complained of the use of the subdivision for swimming lessons. Further, the drafter of the declaration of protective restrictions and covenants testified that the covenant intended to prevent permanent commercial enterprises. The trial court held that the swimming lessons did not constitute a business under the declaration. The Gabriels appealed.
Rule of Law
Holding and Reasoning (Johnson, J.)
Concurrence (Schroeder, J.)
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