Montana Supreme Court

Myers v. Kleinhans

September 17, 2024418 Mont. 113

Summary

The Court held that the restrictive covenant prohibiting any commercial business applies to a for-profit short-term rental operated from a subdivision property. Although the single-family-dwelling covenant is primarily structural and does not definitively prohibit the garage conversion, the Airbnb operation violates the separate commercial-business restriction. The Court therefore reversed the summary judgment and cost award for the defendants and remanded for entry of summary judgment in favor of the neighbors.