Knadler v. Adams

Appellants-defendants appeal from a summary judgment enforcing a covenant in the deeds under which both parties hold title to adjoining lots in Cochran Addition to the City of Laramie. The covenant provides that "only one residence shall be erected on each lot." Appellees-plaintiffs instituted an injunction action to prevent appellants from expanding their residence into a multiple-family dwelling. Appellants allege error in the granting of the summary judgment because they contend the covenant language to be ambiguous, wherefore an issue of material fact exists as to its meaning. A motion for summary judgment should not be granted if there is a genuine issue of a material fact. Timmons v. Reed, Wyo., 569 P.2d 112 (1977); and Weaver v. Blue Cross-Blue Shield, Wyo., 609 P.2d 984 (1980).