Rick and Terri Wimer, Curtis and Cynthia Li, Harv Gloe, Harold Reimler and Harold Reimler Trustee of the Reimler Family Trust v. Jerry and Cheri Cook and Cook's Construction, LLC, a Wyoming Limited Liability Company

2016 WY 29, 369 P.3d 210, 2016 Wyo. LEXIS 31, 2016 WL 852575
CourtWyoming Supreme Court
DecidedMarch 3, 2016
DocketS-15-0154, S-15-0155
StatusPublished
Cited by17 cases

This text of 2016 WY 29 (Rick and Terri Wimer, Curtis and Cynthia Li, Harv Gloe, Harold Reimler and Harold Reimler Trustee of the Reimler Family Trust v. Jerry and Cheri Cook and Cook's Construction, LLC, a Wyoming Limited Liability Company) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rick and Terri Wimer, Curtis and Cynthia Li, Harv Gloe, Harold Reimler and Harold Reimler Trustee of the Reimler Family Trust v. Jerry and Cheri Cook and Cook's Construction, LLC, a Wyoming Limited Liability Company, 2016 WY 29, 369 P.3d 210, 2016 Wyo. LEXIS 31, 2016 WL 852575 (Wyo. 2016).

Opinion

KAUTZ, Justice.

[11] Rick and Terri Wimer, Curtis and Cynthia Li, and Harvy Gloe (hereinafter collectively referred to as the Wimers) filed a complaint against their neighbors, Jerry and Cheri Cook and Cook's Construction, LLC (hereinafter collectively referred to as the Cooks), seeking an injunction prohibiting the Cooks from placing multiple single-family housing structures on a twenty-acre parcel of land owned by the Cooks because, in the Wimers' view, the conduct violated the neighborhood's covenants. The Cooks responded with a counterclaim and a third-party complaint against all their neighbors, including Harold Reimler, individually and as trustees of the Reimler Family Trust, seeking a declaration from the district court that the covenants had been abandoned. 1 After a bench trial, the district court determined the covenants had not been abandoned and the Cooks' plan to develop the twenty-acre parcel did not violate the covenants, Thereafter, the Wimers filed this appeal and the Cooks cross-appealed. We affirm in part and reverse in part.

ISSUES

[¥2] The Wimers raised several issues on appeal, which can be distilled to the following:

Whether the district court erred when it denied the Wimers injunctive relief after determining that the Cooks' plan did not violate the protective covenants.

The Cooks eross-appealed and raised the following issue:

Whether the trial court erred as a matter of law when it drew the legal conclusion that the restrictive covenants have not been abandoned.

FACTS

[13] On June 7, 1978, Van R. and Kathy Jane Irvine recorded a "Declaration of Covenants, Conditions, and Restrictions" with the Natrona County Clerk for an area that will be referred to as the "Phillips Lane area" in Natrona County. All of the land involved in this case is subject to these covenants. The purpose of the covenants was "to insure the use and development of said property for exclusive residential and agricultural purposes only, to prevent the impairment of the attractiveness of said property for such pur *213 poses, and to maintain property values therein[.]' Although lengthy, it is important at the outset to quote the following portions of the covenants:

ARTICLE I DEFINITIONS

1. Residential Use: All of the land dek-ignated in this area shall be utilized for single family residential purposes only; except that any and all agricultural operations of any nature may be carried on on any of the land at any time without restriction.

2. Owner: Shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any parcel which is part of the property, including contract buyers, but exeluding those having such interest merely as seeu-rity for the performance of an obligation.

3. Property; Shall mean and refer to that certain real property described -in exhibit "A" attached hereto.

ARTICLE II GENERAL RESTRICTIONS ON ALL OF THE PROPERTY

1. Zoning Regulations: No land within the area shall be occupied, used by, or for, any structure or purpose which is contrary to the zoning regulations of Natrona County, Wyoming.

. | 2. Uses: Fach parcel within the area shall be utilized for single family, residential building and agricultural activities of any type, all other uses shall be expressly prohibited. } *n

3. Prohibited Activities: Except that the dwelling on any parcel in the area may be leased by the owner or owners thereof for rental income purposes, no business, commercial, or manufacturing enterprise, or any enterprise of any kind or nature, whether or not conducted for a profit, shall be operated, maintained or conducted on any parcel in the area or on any improvement erected or placed therein, nor shall any dwelling or any part thereof be used as a boarding or rooming house, nor shall any mining or quarrying operations or-op-

erations for drilling of any oil or gas well be conducted or permitted in the area, nor shall any signs, billboards or advertising devices, except as hereinafter provided, be erected, placed or permitted to remain on any parcel in the area.

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5, Animals and Livestock: It shall be permissible for the owners of any parcel, in addition to household pets, to own and maintain on the parcel horses, cattle, sheep, chickens and rabbits. Noanimal or animals shall be maintained in the area even though permissible within this provision, if it is determined that such animal or animals constitute a nuisance to other owners in the area. It is expressly understood that all dogs will be controlled and confined to the immediate household yard area of each and every residence in the areg. No dogs shall be allowed to run looge and in any way become a nuisance or danger to the other residents of the area or the surrounding area. , ‘

6, No Resubdivisions: No parcel less than twenty (20) acres in size shall be sold or conveyed; however, conveyances or dedication of easements for utilities or private lanes or roads may be made. This provision shall be effective through May 1, 1983, After this date, additional subdivision into parcels less than twenty (20) acres in size may be allowed if provided for under Natrona County zoning regulations.

~7. Service Yords and Trash: Clothes lines, service equipment, trash, woodpiles, or storage areas shall be screened by planting or fencing to conceal them from view of neighboring parcels, drives and roads. All refuse and trash shall be removed from all parcels and shall not be allowed to accumulate.

8, Fences: All parcels shall be fenced with at least five (5) barbed wires or sheep-tight woven wire and two (2) barbed wires and shall be maintained according to good ranching and management practices. In the event that the fenees are not properly maintained, the adjoining property owner shall have the right to perform the necessary repairs and maintenance and *214 share the cost of any repairs and mainte-naneé with the owner;

ARTICLE III

RESTRICTIONS' ON RESIDENTIAL TRACTS

1. Number and Location of Buildings: No buildings or structures shall be placed, erected, altered, or permitted to remain on any residential tract other than:

(1) one detached single family dwelling;
(2) an attached or-detached garage; and ■' •
(3) a service type barn, stable or shed.

2. Mobile Homes: Mobile homes shall be deemed to be within the definition of a single family dwelling (assuming the square footage requirements of paragraph 4, below, are met) if the mobile home is placed on a solid and sightly concrete or concrete block- foundation and all portions of the running gear are completely removed. Modular or component houses are also acceptable provided they are placed on a similar foundation. ■ ■

6. Used or Temporary Structures:

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Bluebook (online)
2016 WY 29, 369 P.3d 210, 2016 Wyo. LEXIS 31, 2016 WL 852575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rick-and-terri-wimer-curtis-and-cynthia-li-harv-gloe-harold-reimler-and-wyo-2016.