Gabriel v. Cazier
Idaho Supreme Court
938 P.2d 1209 (1997)
The Caziers' (defendants) children ran seasonal swim lessons in their backyard pool within a subdivision governed by a declaration of covenants prohibiting any "business"; neighbors the Gabriels (plaintiffs) sued for an injunction, but at least two other subdivision families ran similar swimming lessons without any resident besides the Gabriels ever complaining, and the covenant's original drafter testified the provision was meant only to bar permanent commercial enterprises. The trial court found the swim lessons weren't a "business" under the declaration, and the Gabriels appealed.
Whether backyard swimming lessons violate a subdivision covenant's ambiguous ban on conducting a "business," where residents have consistently treated similar activities as permitted.