Southwind Homeowners Ass'n v. Burden
Annotate this CaseDavid and Wilai Burden provided childcare services in their home. The Southwind Homeowners Association filed suit against the Burdens, alleging that the childcare services as provided violated several restrictive covenants applicable to the premises and asking that the Burdens be enjoined from providing those services. The district court granted summary judgment in favor of the Association, concluding that the childcare services were in violation of several restrictive covenants, and granted an injunction. The Burdens appealed. The Supreme Court affirmed, holding that summary judgment was appropriate where no genuine issues of material fact remained, and as a matter of law, the Burdens' activities on the property violated the Association's covenants.
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