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GOVERNOR'S RANCH HOMEOWNER'S ASS'N v. GUNTHER

No. 84CA0486.

705 P.2d 1011 (1985)

GOVERNOR'S RANCH HOMEOWNER'S ASSOCIATION, INC., a Colorado corporation not for profit, Plaintiff-Appellant, v. Walter F. GUNTHER, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 9, 1985.

Certiorari Denied September 3, 1985.

Attorney(s) appearing for the Case

Eckelberger & Feldman, Ethan D. Feldman, Mark K. Payne, Littleton, for plaintiff-appellant.

No appearance for defendant-appellee.

METZGER, Judge.

Plaintiff, Governor's Ranch Homeowner's Association, Inc., (Association) appeals a judgment allowing defendant, Walter F. Gunther, to maintain an evaporative cooler on his roof in violation of a restrictive covenant. We affirm.

The Association filed suit on April 14, 1982, seeking to enjoin Gunther from violating the Association's covenants by maintaining a rooftop evaporative cooler. On April 26, 1983, the court found that relocating the cooler...

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