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CIERI v. GORTON

No. 14073.

587 P.2d 14 (1978)

Carlo M. and Elsie J. CIERI et al., Plaintiffs and Respondents, v. Edward L. and Virginia R. GORTON and John J. and Phyllis L. O'Rourke, Defendants and Appellants.

Supreme Court of Montana.

Decided November 16, 1978.

Attorney(s) appearing for the Case

Bolinger & Wellcome, Bozeman, Roy Andes (argued), Bozeman, Swandal & Douglass, Livingston, for defendants and appellants.

Byron L. Robb (argued), Livingston, for plaintiffs and respondents.

SHEEHY, Justice.

Green Acres Subdivision, east of Livingston, was platted on June 4, 1959 and contained 110 lots. The subdivision was subject to various restrictive covenants, one of which stated:

"These covenants may be changed in whole or in part at any time by an instrument in writing signed by a majority of the then owners of the lots affected thereby ..."

On November 24, 1976, appellants purchased 69 of the 110 lots. Appellants have made no...

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