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Date: 08-16-2024
Case Style:
John Marquette and Judy Cornish v. Levi Falck and Sarrah Falck
Case Number:
Judge: Lamont C. Berecz
Court: First Judicial District Court, Boundry County, Idaho
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Bonners Ferry, Idaho real property lawyer represented the Plaintiffs who sued on a coventant violation theory.
Levi and Sarrah Falck (the Falcks) appeal from the second amended final judgment granting injunctive relief after the district court found their activities and use of their property violated the covenants, conditions, and restrictions of Meadow Creek Estates. The Falcks argue the district court lacked substantial and competent evidence to find their actions constituted a nuisance; the covenants, conditions, and restrictions (CC&Rs) are too ambiguous to be enforceable; and the district court's order enjoining them from engaging in certain activities on their property is overbroad. The Falcks further argue the award of attorney fees to John Marquette and Judy Cornish (the Marquettes) should be vacated. The Marquettes contend substantial evidence was presented at trial to support the finding of nuisance under the CC&Rs. The
Marquettes argue the CC&Rs are not ambiguous and even if they are, it would not render them unenforceable; the injunction is targeted at the behavior constituting the nuisance and is not overly broad; and the amended attorney fees filing was not untimely because it supplemented a timely memorandum.
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: