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HAUGEN v. PETERSON

No. C8-85-2212.

390 N.W.2d 795 (1986)

Orrin M. HAUGEN, et al., Appellants, Richard M. Smith, Plaintiff, v. Muriel V. PETERSON, Respondent.

Court of Appeals of Minnesota.

Review Denied August 20, 1986.

Review Granted September 25, 1986.

Attorney(s) appearing for the Case

Steven D. Jamar, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for Orrin M. Haugen, et al.

Henry H. Feikema, Smith, Juster, Feikema, Malmon, & Haskvitz, H. Gordon Taylor, Minneapolis, for Richard M. Smith.

Mark D. Nyvold, Mark W. Peterson, Minneapolis, for Muriel V. Peterson.

Heard, considered and decided by LESLIE, P.J., and FOLEY and WOZNIAK, JJ.

OPINION

FOLEY, Judge.

Orrin M. Haugen and Marilyn D. Haugen appeal from the trial court's summary judgment for Muriel V. Peterson arguing that (1) the trial court erred in ruling that the restrictive covenants of the Indian Hills Subdivision in Edina were no longer enforceable, and (2) the trial court erred in awarding respondent attorney's fees since appellants did not assert an unfounded position solely to delay the proceedings or harass respondent. We...

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