March 2024 - WPDN

Erica Day, an attorney with Williams, Porter, Day, and Neville recently tried a case in Pinedale, Wyoming, regarding a property rights issue in which WPDN’s client was sued for allegedly violating restrictive covenants and setback requirements. 

WPDN’s client was accused of violating his subdivision’s restrictive covenants on where he could build, including building too close to a property line. The plaintiffs argued that WPDN’s client violated the setback requirement and asked the court to order the defendant’s building to be torn down.

Day argued that, while there was a technical violation, there was nowhere else on the property that the building could be built. Day also argued that the majority of the neighbors in the subdivision had consented, in writing, to the location. The plaintiffs were the only ones to object to the construction of the building, and they waited to object until after the defendant had built most of the building. Day argued that while there was, technically, a violation, it would be unfair and unreasonable for the building to be torn down.

The court ruled in favor of the defendant and stated that although the covenant had been violated,  the building did not need to be torn down. 

After the ruling, the plaintiffs appealed to the Supreme Court, which recently affirmed the court’s decision on Nov 2023 that the building did not need to be torn down. The Supreme Court stated that, in weighing the equities of the case, it would have been unfair for the defendant to have to tear down the building when it had so little impact on the plaintiffs. 

This was another example of Williams, Porter, Day, and Neville fighting for their clients and winning…twice!