CRIMMINS v. SIMONDS

No. 17186.

636 P.2d 478 (1981)

Robert L. CRIMMINS and Rose Crimmins, Plaintiffs and Respondents, v. Michael SIMONDS and Barbara Simonds, Defendants and Appellants.

Supreme Court of Utah.

September 11, 1981.


Attorney(s) appearing for the Case

J. Franklin Allred, Salt Lake City, for defendants and appellants.

Joseph H. Gallegos, Salt Lake City, for plaintiffs and respondents.


OAKS, Justice:

Defendants appeal from a decree permanently enjoining them from operating a beauty salon in their home in violation of a restrictive covenant. Defendants challenge the appropriateness of the injunction on the facts of this case.

In 1962, the then owners of Plat C in the Upland Terrace Subdivision of Tooele City executed a Restrictive Covenants Agreement which was duly recorded with the Tooele County Recorder. The agreement stated in part:

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