Scotts v. Metcalf Charitable Trust
Annotate this CaseIn 1996, Donna Metcalf transferred a forty-acre parcel of land to Richard Thieltges by warranty deed. The deed contained certain covenants, restrictions, conditions and charges (“Restrictions”). In 2000, Thieltges transferred the full parcel to Terrance and Laurie Scott by warranty deed. In 2013, the Scotts filed a complaint asking the district court to invalidate the Restrictions and seeking permission to subdivide their property. The Lee and Donna Metcalf Charitable Trust filed a counterclaim seeking to enforce the Restrictions. The district court granted summary judgment in favor of the Trust, concluding that the Restrictions were enforceable against the Scotts. The Supreme Court affirmed, holding that the district court did not err in concluding that the Restrictions could be enforced by the Trust against the Scotts.
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