GOLDBERG v. JAY TIMMONS & ASSOCIATES

No. 940640-CA.

896 P.2d 1241 (1995)

Gary GOLDBERG and Diana Meehan, Plaintiffs and Appellees, v. JAY TIMMONS & ASSOCIATES, a California general partnership; Jay Timmons and Marshall McDaniel, individually and as partners, Defendants and Appellants.

Court of Appeals of Utah.

Rehearing Denied July 7, 1995.


Attorney(s) appearing for the Case

Paul H. Matthews, Merrill F. Nelson and Daniel V. Goodsell, Salt Lake City, for defendants and appellants.

Gordon Strachan and Todd Wakefield, Park City, for plaintiffs and appellees.

Before ORME, DAVIS and JACKSON, JJ.


JACKSON, Judge:

Jay Timmons & Associates, Jay Timmons, and Marshall McDaniel (defendants) challenge the trial court's award of injunctive relief to Gary Goldberg and Diana Meehan (plaintiffs). We reverse and remand.

BACKGROUND

Plaintiffs built a home in the Evergreen Subdivision of Deer Valley (Evergreen) in Park City, Utah. Defendants later built a home adjacent to plaintiffs'. Every lot in Evergreen is burdened by restrictive covenants listed...

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