Keller v. Branton

In Keller v. Branton, 667 P.2d 650, 654 (Wyo. 1983) the Wyoming Supreme Court found no abandonment of a covenant which prohibited front yard fencing. Twenty lots out of approximately 120 to 130 lots had some kind of front yard fence. They were decorative fences, and the court held that they were not fences in the ordinary sense of indicating boundaries or holding something in or out. See id. at 654. The court emphasized that in order to find an abandonment of a protective covenant, the breaches acquiesced in must be so great or so fundamental or radical as to neutralize the benefit of the restriction to the point of defeating the purpose of the covenant. "In other words, the violations must be so substantial as to support a finding that the usefulness of the covenant has been destroyed, or that the covenant has become valueless to the property owners." Id.