Peckham v. Milroy

17 P.2d 1256 (2001)

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Nature of the Case

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Facts

Spokane Terrace was platted in 1907. The developer subjected some of the lots to restrictive covenants in 1955. One prohibited use of the property 'for business purposes of any kind whatsoever . . . .' P moved there in 1958. D's parents moved there in 1992. D's property is subject to the restriction. D's moved back home to care for his mother. They remodeled the home to accommodate the family, which included five children. P watched and photographed the construction. He complained to the county about the construction in November 1995. P filed zoning complaints in February 1996. Mrs. Milroy obtained a day-care license and began running a daycare. The children are noisy. Parents of the children parked in front of P's house. They walk across his yard, and they park in the alley behind his house. D's mother passed away in July 1996. D inherited the home. P told D she was violating the covenants in July 1996. P sued to enjoin the day-care operation in November 1997. Several home businesses operate in violation of the restrictive covenant. These include a drapery business, a painting business, a small construction business, and a TV repair service. The court enjoined D from operating the daycare.