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CARROLL v. EL DORADO ESTATES DIV. NO. 2 ASS'N

No. 7827.

680 P.2d 1158 (1984)

James A. CARROLL, James Adkins and Guy Whitney, Appellants, v. EL DORADO ESTATES DIVISION NUMBER TWO ASSOCIATION, INC., Appellee.

Supreme Court of Alaska.

April 6, 1984.

Attorney(s) appearing for the Case

Charles D. Silvey, Schaible, Staley, DeLisio & Cook, Inc., Fairbanks, for appellants.

James S. Magoffin, Jr., Fairbanks, for appellee.

Before BURKE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

PER CURIAM.

In this case an incorporated association of condominium owners brought suit to enforce a bylaw of the association which bans residential possession of animals, i.e., pets. The court granted summary judgment in the association's favor.

We find that the bylaw was not validly adopted and we reverse.

I.

The El Dorado Estates Division Number Two Association, Inc. [Association] was established pursuant to a condominium...

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