ROWLEY v. MARRCREST HOMEOWNERS' ASS'N

No. 17560.

656 P.2d 414 (1982)

J. Howard ROWLEY and Nanette B. Rowley, his wife, Plaintiffs and Appellants, v. MARRCREST HOMEOWNERS' ASSOCIATION, John C. Woods, Clegg Construction Co., Inc.; and John Does I through XII, Defendants and Respondents.

Supreme Court of Utah.

October 25, 1982.


Attorney(s) appearing for the Case

David R. Olsen, Craig W. Anderson, Salt Lake City, for plaintiffs and appellants.

Ronald R. Stanger, Provo, for defendants and respondents.


STEWART, Justice:

Plaintiffs, Howard and Nanette Rowley, brought this action for damages and an injunction to prevent Marrcrest Homeowners' Association (hereinafter Marrcrest) from blocking Rowleys' access to their driveway. The trial court found that Rowleys' site plan for construction of their home and driveway had been approved upon the condition that they not use a specific Marrcrest common area for access to their driveway. The court ruled that the Rowleys had...

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