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REICHERT v. WEEDEN

No. 80-08.

618 P.2d 1216 (1980)

David REICHERT and Irene L. Reichert, Plaintiffs and Appellants, v. William WEEDEN, Marinette Weeden, James Hertz, Constance Hertz, Paul Straw et al., Defendants and Respondents.

Supreme Court of Montana.

Decided November 3, 1980.

Attorney(s) appearing for the Case

Berger, Anderson, Sinclair & Murphy, Billings, Donald Molloy argued, Billings, for plaintiffs and appellants.

Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Jack Ramirez argued, Billings, for defendants and respondents.

HARRISON, Justice.

This is an appeal from the District Court of the Thirteenth Judicial District which upheld the validity of a document entitled "Agreement and Land Use Restrictions" and granted summary judgment allowing the agreement to be enforced by the defendants against the plaintiffs.

We will address the following issues on this appeal:

1. Whether a valid and enforceable covenant running with the land can be created by written agreement and...

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