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WILSON v. GOLDMAN

No. 83CA1325.

699 P.2d 420 (1985)

Don E. WILSON; William G. Barber; Patricia W. Barber; Herb Baker; Jesse M. Black; James R. Raine; Gary L. Fabiano; T.J. Trogdon, III; Ray P. Dinsmore; Donald C. Carroll; Duane Gray; Castle Mountain Subdivision Architectural Control Committee by its members, Jesse M. Black, Harold B. Ross, and Gale Nash; and Castle Mountain Irrigation Road and Recreation Association, a non-profit Colorado corporation, Plaintiffs-Appellees-Cross-Appellants, v. William A. GOLDMAN, Defendant-Appellant-Cross-Appellee.

Colorado Court of Appeals, Div. II.

March 21, 1985.

Attorney(s) appearing for the Case

Charles Alexander, Gunnison, William G. Barber, Pro Se/Pro Haec Vice, Austin, Tex., for plaintiffs-appellees-cross-appellants Wilson, William G. Barber, Patricia W. Barber, and Raine.

Ranous, Stern & Patrick, P.C., J. Steven Patrick, Gunnison, for plaintiffs-appellees-cross-appellants Baker, Black, Fabiano, Trogdon, Dinsmore, Carroll, Gray, Castle Mountain Subdivision Architectural Control Committee, Ross, Nash, and Castle Mountain Irr. Road and Recreation Assn.

Andrew J. Kasic, Gunnison, for defendant-appellant-cross-appellee.

VAN CISE, Judge.

Defendant, William Goldman, appeals from a judgment enforcing protective covenants, requiring him to remove a new fence and restore an old one, and denying his affirmative defenses and counterclaims relating to the fence construction. Plaintiffs cross-appeal from that portion of the judgment relating to their claim for attorney fees. We affirm in part, reverse in part, and remand the matter with directions.

The relevant facts are not in dispute...

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