§ 34-1-156 — Civil action for removing enforceable covenants

(a) Any person whose real property is subject to, or is
benefitted by, a restrictive covenant that was removed under
W.S. 34-1-155 and who believes the restrictive covenant is
valid, may petition the court having jurisdiction over the
property. The petition shall state the grounds upon which relief
is requested, and shall be supported by the affidavit of the
petitioner or his attorney setting forth a concise statement of
the facts upon which the petition is based. The clerk of court
shall assign a case number to the petition and obtain from the
petitioner a filing fee of thirty-five dollars ($35.00). Upon
the filing of the petition the following shall apply:
(i) The court may enter its order, which may be
granted ex parte, directing the person who filed and recorded
the instrument to appear before the court at a time no earlier
than six (6) nor later than fifteen (15) days following the date
of service of the petition, and order the person to show cause,
if any, why the relief provided in this subsection should not be
granted. Service under this section shall be made in accordance
with the rules of civil procedure;
(ii) If, following a hearing on the matter the court
determines that the restrictive covenant under subsection (a) of
this section is valid and enforceable, the court shall issue an
order so stating and awarding damages of up to one thousand
dollars ($1,000.00) as determined by the court or actual
damages, whichever is greater, costs and reasonable attorneys'
fees to the petitioner to be paid by the person who filed and
recorded the instrument;
(iii) If the court determines that the restrictive
covenant is void and unenforceable, the court shall issue an
order so stating and shall award costs and reasonable attorneys'
fees to the person who filed and recorded the instrument to be
paid by the petitioner.