Summary 2013 WY 70

Summary of Decision June 5, 2013

Justice Burke delivered the opinion for the Court. Reversed and remanded for entry of summary judgment in favor of Ms. Oliver.

Case Name: KAREN M. OLIVER, d/b/a CRAZY TONY’S RESTAURANT v. KEVIN M. QUYNN and NIKKI L. QUYNN, husband and wife

Docket Number: S-12-0161

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Platte County The Honorable John C. Brooks, Judge

Representing Appellant: Eric E. Jones, Eric E. Jones, PC, Wheatland, Wyoming.

Representing Appellees: Keith J. Dodson and Brian J. Marvel, Williams, Porter, Day and Neville, P.C., Casper, Wyoming. Argument by Mr. Marvel.

Date of Decision: June 5, 2013

Facts: This case stems from a dispute about a Party Wall Agreement between Appellant, Karen Oliver, and Appellees, Nikki and Kevin Quynn. The Quynns filed suit seeking a declaration that the Agreement was unenforceable. On summary judgment, the district court ruled that the Agreement’s provision prohibiting the Quynns from selling alcohol was void and unenforceable. Ms. Oliver challenges that decision in this appeal.

Issues: Ms. Oliver presents the following issues for our consideration: Whether the terms of the agreement in dispute are equitable servitudes binding on the real property and parties; and Whether the prohibition of the sale of alcoholic beverages is enforceable.

The Quynns present the same issues for our consideration, but organize Ms. Oliver’s issues into four more focused questions: Whether the district court properly held the covenant not to compete restraining the Quynns’ sale of alcohol is unenforceable due to unreasonable duration; Whether the district court properly held the covenant not to compete restraining the Quynns’ sale of alcohol is unenforceable because Ms. Oliver failed to prove it bears a reasonable, fair, and necessary relation to the business interests Ms. Oliver seeks to protect; Whether the district court properly held the covenant not to compete preventing the Quynns’ sale of alcohol is unenforceable because the restraint is greater than needed to protect Ms. Oliver’s legitimate interest; and Whether the district court properly held the covenant not to compete restricting the Quynns’ sale of alcohol is unenforceable because the threatened harm to the Quynns outweighs the need and harm of Ms. Oliver.

Holdings: We will reverse and remand for entry of summary judgment in favor of Ms. Oliver.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court
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