Ceynar v. Barth

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David and Virginia Ceynar appealed summary judgment that dismissed their breach of contract/covenant and nuisance action against Lonnie Barth and The Ridge at Hawktree Homeowners' Association. The Ceynars and Barth were neighbors at The Ridge at Hawktree, a Bismarck subdivision near a golf course, and were members of the Association. Before the Ceynars purchased their home, Barth approached the Association with plans to build what the parties referred to as a "pool house" on his property. Based on the Association's restrictive covenants, the Association's Architectural Committee informed Barth that detached buildings were not permitted. Barth then proposed construction of a breezeway connecting the pool house to Barth's home. The Committee approved the final plans in January 2014. The plans for the addition were then submitted to the City of Bismarck, which approved the plans and issued a building permit. The Ceynars bought the house next door to Barth's property from their daughter in June 2014. Actual construction of the pool house began in February 2015, and the Ceynars complained to the Association. They claimed the pool house would block their view to the north and west toward the Hawktree Golf Club. Members of the Association came to the Ceynars' home to observe how the pool house affected their property, but the Association took no action to stop construction. In July 2015, the Ceynars brought this action against Barth and the Association alleging breach of contract/covenant and nuisance, claiming the pool house violated restrictive covenants and unreasonably interfered with the enjoyment of their property and diminished its value. After Barth remedied a setback violation, he and the Association moved for summary judgment dismissing the action. In October 2016, the district court denied the motion, concluding there were "a number of genuine issues of material fact" precluding summary judgment. Because the district court did not err in ruling that the Association's restrictive covenants were not violated, and because Barth's actions as a matter of law did not unreasonably interfere with the Ceynars' use and enjoyment of their property, the North Dakota Supreme Court affirmed. View "Ceynar v. Barth" on Justia Law