Burke v. Voicestream Wireless Corp. II

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a non-waiver clause should be upheld based on its plain language and that to hold otherwise would render the clause meaningless, in addition to violating the intention of the contract among the property owners
• noting that unambiguous covenants are generally enforced according to their terms
• trial court erred by balancing hardships where party built structure knowing of restrictions and neighborhood opposition to structure
• “When cross-motions for summary judgment have been filed, this court may evaluate the cross- motions and, if appropriate, remand with instructions that judgment be entered in favor of the appellants.”

Source: CourtListener parenthetical corpus (CC0).