CASH v. GRANITE SPRINGS RETREAT ASS'N, INC.

No. S-10-0117.

248 P.3d 614 (2011)

2011 WY 25

Terry CASH; Richard J. Maturi; Craig McCune and Rhonda McCune; and Rich Nelson and Rebecca Hilliker, Appellants (Plaintiffs), v. GRANITE SPRINGS RETREAT ASSOCIATION, INC., a Wyoming Nonprofit Corporation; Lynn Williams-Haas; Ted and Emma Esquibel; J.T. and Aimee Walsh; John and Sylvia Passehl; Marty and Gail Gill; Cheryl and Doug Brown; Jacque Cash; Mary Maturi; Craig Folsom and April Walton; Mike Trenam; Ben Hilsen and Susan Jennelly; Michael Duskin; Tim and Lynn Babbitt; Michael Emerson; Scott Smith and Deb Baumer; Richard W. Magill, Jr. and Tracy Farrell; Ted and Jan Lydigsen; CJ and David Di Pietra; Joe and Cindy Marek; Darrell and Dorothy Ban; Don and Barbara Sullivan; Rob and Nicole Farnham; Gary and Jo Ellen Mass; Dave Bilski; Bob Lick and Joanne Steane; Pete and Nancy Fillion; Dave and Melissa Brumbaugh; John and Lesley Zimmerman; Jerry and Kristen Peterson; Mike and Chris Caltagirone, Appellees (Defendants).

Supreme Court of Wyoming.

February 17, 2011.


Attorney(s) appearing for the Case

Representing Appellants: Daniel B. Frank of Frank Law Office, P.C., Cheyenne, Wyoming.

Representing Appellees Granite Springs Retreat Association, Inc.; John and Sylvia Passehl; Marty and Gail Gill; Cheryl and Doug Brown; Craig Folsom and April Walton; Mike Trenam; Ben Hilsen and Susan Jennelly; Michael Duskin; Tim and Lynn Babbitt; Michael Emerson; Scott Smith and Deb Baumer; Richard W. Magill, Jr. and Tracy Farrell; Ted and Jan Lydigsen; CJ and David Di Pietra; Joe and Cindy Marek; Bob Lick and Joanne Steane; Darrell and Dorothy Ban; Don and Barbara Sullivan; Rob and Nicole Farnham; Gary and Jo Ellen Mass; Dave Bilski; Pete and Nancy Fillion; Dave and Melissa Brumbaugh; John and Lesley Zimmerman; Jerry and Kristen Peterson; and Mike and Chris Caltagirone: Kate M. Fox and Amanda K. Ferguson of Davis & Cannon, LLP, Cheyenne, Wyoming. Argument by Ms. Fox.

Representing Appellees J.T. and Aimee Walsh: William L. Hiser of Brown & Hiser, LLC, Laramie, Wyoming.

Representing Appellees Lynn Williams-Haas, Ted and Emma Esquibel, Jacque Cash, and Mary Maturi: Pro se. No appearance.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.


KITE, Chief Justice.

[¶ 1] The district court ruled subdivision covenants recorded before the developer acquired legal title to the property were enforceable as equitable servitudes. Plaintiffs Terry Cash, Richard J. Maturi, Craig and Rhonda McCune, Rich Nelson and Rebecca Hilliker (referred to collectively as "Cash") own property in the subdivision and claim the district court erred in reaching that decision.

[¶ 2] We affirm.

ISSUES

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