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Danos v. Thompson

A residential subdivision's covenants prevented the first defendant from subdividing his lakefront property and deeding part of it to his brother.

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Sarah Thompson and other homeowners in the Thunder Point Subdivision collectively, “homeowners” sought, inter alia, to set aside a quitclaim deed that transferred lakefront property from Peter Danos to his brother, Thomas collectively, “the Danoses.” The homeowners maintained that the transfer of property violated the subdivision’s restrictive covenants. The homeowners also sought to enjoin the Danoses from submitting future applications to the U. S. Army Corps of Engineers for a dock permit. The parties filed cross-motions for summary judgment, and the trial court granted the homeowners’ motion and denied the Danoses’ motion. The Danoses appeal, arguing that they, not the homeowners, were entitled to judgment as a matter of law. The Danoses also assert that the trial court erred in enjoining them from using their boat docks and from applying for future dock permits. For reasons that follow, we affirm in part and reverse in part.

A trial court properly grants summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.1 “In ruling on a motion for summary judgment, the court should construe the evidence and all inferences and conclusions arising therefrom most favorably toward the nonmovant. Our review is de novo.”2

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