SECOR v. KNIGHT

No. 18665.

716 P.2d 790 (1986)

Stanley B. and Jody J. SECOR, et al., Plaintiffs and Respondents, v. Jesse KNIGHT and Michele Knight, Defendants, Third-Party Plaintiffs and Appellants, v. Leon PETERSON and Karen F. Peterson, and Guardian Title Company, a Utah corporation, Third-Party Defendants and Respondents.

Supreme Court of Utah.

March 3, 1986.


Attorney(s) appearing for the Case

Brandt Wall, Salt Lake City, for defendants, third-party plaintiffs and appellants.

Theodore F. Kanell, Salt Lake City, for Secor.

Steven H. Stewart, Richard K. Hincks, Salt Lake City, for Peterson.

Gretta C. Spendlove, Salt Lake City, for Guardian Title Co.


DURHAM, Justice:

Defendants Jesse and Michele Knight appeal from an order which enjoined the operation of a basement rental apartment in the Knights' home. Plaintiffs, who are residents of the subdivision, brought the action for injunction on the ground that defendants were violating a restrictive covenant limiting buildings in the subdivision to single-family dwellings. Plaintiffs alleged that defendants' lot was subject to that restriction. Defendants answered and...

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