In Jacklin Land Co. v. Blue Dog RV, Inc., 254 P.3d 1238 (2011), Lukins & Annis' client was sued to cease operations in a commercial development where the client operated a RV retail center. The trial court issued an injunction curtailing all operations finding that the RV Center violated restricted covenants imposed upon the prior owner of the commercial development.
Lukins & Annis attorneys Michael Hines and appealed to the Idaho Supreme Court where they prevailed, convincing the Supreme Court to vacate the injunction in full and to allow the RV operation without restriction.
The Supreme Court's decision is particularly noteworthy in that it (1) firmly establishes under Idaho law that land use restrictions which are not clearly expressed will be resolved in favor of the free use of land, and (2) a land use dispute involving the applicability of restrictive covenants is not deemed to be a commercial transaction sufficient to trigger the recovery of attorney's fees under Idaho's statute awarding attorney's fees to the prevailing party in a commercial dispute.
A copy of the Idaho Supreme Court's decision can be accessed by clicking here.