Waddell v. Studer

Summary

The Court held that the District Court’s rulings denying preliminary relief merged into the final judgment and therefore did not require separate review. It reversed summary judgment because the covenants required genuine, good-faith consideration of neighboring views and solar gains, and the record presented a factual question whether the Studers and the homeowners’ association satisfied that obligation. It also reversed the attorney-fee awards because no party could yet be deemed the prevailing party. Justice Rice, joined by Chief Justice Swanson, concurred in part and dissented in part, asserting that the covenants required only consideration, that the undisputed record established compliance, and that summary judgment should have been affirmed.