Gabriel v. Cazier
Idaho Supreme Court
938 P.2d 1209 (1997)
- Written by Sean Carroll, JD
Facts
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
Issue
Holding and Reasoning (Johnson, J.)
Concurrence (Schroeder, J.)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
