Jennifer Moore, d/b/a Silly Bear Daycare, and Willie Moore, III, 2015 WY 11

Plaintiffs, Milatzo Subdivision residents, sought to enjoin Jennifer Moore d/b/a Silly Bear Daycare and Willie Moore from operating a daycare out of their Milatzo home as a violation of subdivision covenants.
Covenants prohibit any lot being used for business and restrict use to residential purposes, with explicit prohibitions on residential properties being used as a business.
Defendants began operating the daycare in September 2012; Jennifer Moore owns the business and employs one on-site assistant.
Plaintiffs alleged the daycare violated the covenants and requested permanent injunctive relief; Defendants answered asserting abandonment of covenants and racial-motivation defenses and asserted a counterclaim.
The district court found the covenants were not abandoned, held that the daycare is a business, and that the operation harmed Plaintiffs, granting a permanent injunction against operation at the residence.
Defendants acknowledged signing an Acceptance and Acknowledgement of Covenants prior to opening the daycare and argued lack of a Buildings and Covenants Committee supported abandonment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the covenants were abandoned	Moore contends covenants had been abandoned due to prior violations.	Moore argues existing violations amount to radical, permanent neighborhood change signaling abandonment.	No clear error; covenants not abandoned.

Keller v. Branton, 667 P.2d 650 (Wy. 1983) (abandonment requires radical, permanent change to defeat covenant purpose)
Hammons v. Table Mountain Ranches Owners Ass'n, 72 P.3d 1153 (Wy. 2003) (abandonment requires substantial destruction of covenant benefits)
Myers v. Armstrong, 324 P.3d 388 (N.M. App. 2014) (lack of active enforcement does not excuse covenant compliance)