Farmington Woods Homeowners Association, Inc. v. Wolf

S-11-0970, Farmington Woods Homeowners Association, Inc. v. Glen Wolf and Rhonda Wolf (Appellants)

Douglas County, Judge James T. Gleason

Attorneys: Jason M. Bruno (Sherrets Bruno & Vogt LLC) (Appellants) --- Larry R. Forman (Hillman Forman Childers & McCormack)

Civil: Covenants; summary judgment

Proceedings below: The district court granted Appellee’s motion for summary judgment and ordered that the Appellants were permanently enjoined from operating a day care business from their residence.

Issues: The district court erred in (1) granting Appellee’s motion for summary judgment; (2) failing to apply the defenses of waiver, estoppel, laches and unclean hands despite overwhelming evidence in the record; (3) finding operation of a home day care violates the covenants; (4) failing to grant Appellants’ motion for summary judgment; (5) failing to hold Appellees in contempt for failing to disclose other covenant violations including the five businesses operated out of the home of the Appellee’s president.