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ATWOOD v. SMITH

No. 30214.

138 P.3d 310 (2006)

143 Idaho 110

Cathy and David ATWOOD, Elaine and Randy McGregor, Emmett and Ciana Munson, Kevin Weaver and Kim Lint, Plaintiffs, and Kimberly and Gary Ady, Shauna and Brandon Stallings, Plaintiffs-Respondents, v. Shelly and Joseph SMITH, individually, and dba Country Kids Daycare, Defendants-Appellants.

Supreme Court of Idaho, Boise, April 2006 Term.

May 25, 2006.

Attorney(s) appearing for the Case

White Peterson, P.A., Nampa, for appellants. Christopher S. Nye argued.

Thompson Law Firm, Meridian, for respondents. Kristen Thompson argued.

JONES, Justice.

This is an appeal from the district court's orders which denied the Smiths' motion to amend, determined that the Smiths violated restrictive covenants by operating a daycare in their home, and granted an injunction requiring the cessation of the Smiths' daycare. We affirm in part and reverse in part.

I.

Shelly and Joseph Smith entered into a purchase agreement on June 21, 2001, to acquire approximately 2.5 acres in a Nampa subdivision...

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