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GABRIEL v. CAZIER

No. 22876.

938 P.2d 1209 (1997)

130 Idaho 171

Ron J. GABRIEL and Marilyn Gabriel, husband and wife, Plaintiffs-Appellants, v. Deloyd CAZIER, Jr., and Mary E. Cazier, husband and wife, Defendants-Respondents.

Supreme Court of Idaho. Boise, February 1997 Term.

Rehearing Denied June 30, 1997.

Attorney(s) appearing for the Case

Churchill Law Offices, Boise, for appellants. Gary L. Neal argued.

Salladay, Harrigfeld & Day, Boise, for respondents. G. Lance Salladay argued.

JOHNSON, Justice.

This is a restrictive covenant case. We conclude that the covenant prohibiting a business in a subdivision is ambiguous in the context of the covenant, and that it should not be construed to prohibit swimming lessons conducted by a homeowner's children for profit during the summer months. We also conclude that there is substantial and competent evidence to support the trial court's finding that conducting...

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