Armbrust v. York

Summary

The Montana Supreme Court affirmed a judgment requiring the Yorks to remove a second garage that violated restrictive covenants governing a subdivision property. The court held that the one-garage restriction was tried by the Yorks’ implied consent under Rule 15(b), despite not being pleaded initially, and that amendment after judgment was permissible.

Holdings

1. A party may impliedly consent to litigation of an issue outside the pleadings even after objecting to evidence concerning that issue when the party first introduces the issue through its own evidence and fails to demonstrate prejudice or request a continuance.
2. The Yorks' newly constructed building was a second garage that violated the one-garage restriction, and removal of the garage was necessary to effect compliance with the covenant.
3. A Rule 15(b) motion to amend may be made at any time, including after judgment, and failure to amend does not affect the result of the trial of the issues actually litigated.

Questions Presented

1. Whether the one-garage restriction was tried by the express or implied consent of the Yorks despite not being pleaded.
2. Whether the district court properly relied on the one-garage restriction and ordered removal of the second garage.
3. Whether a Rule 15(b), Montana Rules of Civil Procedure, motion to amend could be made after judgment.

Disposition

affirmed