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MAJERS v. SHINING MOUNTAINS

No. 85-100.

711 P.2d 1375 (1986)

Fred W. MAJERS, Cecila Majers, et al., Plaintiffs and Respondents, v. The SHINING MOUNTAINS, a California limited partnership, Defendant and Appellant.

Supreme Court of Montana.

Decided January 7, 1986.

Attorney(s) appearing for the Case

Randy Dix, argued, Helena, Jones & Hoffman, Chester Lloyd Jones, argued, Virginia City, Landoe, Brown, Planalp, Kommers & Johnstone, Bozeman, for defendant and appellant.

Poore, Roth & Robinson, Urban L. Roth and Charles R. Anderson, argued, Butte, for plaintiffs and respondents.

GULBRANDSON, Justice.

Appellant, Shining Mountains, appeals an order of the District Court of the Fifth Judicial District, Madison County, granting plaintiffs' motion for partial summary judgment. The District Court held that Shining Mountains had an implied covenant to construct improvements indicated on a recorded plat. The order also stated the covenant could be enforced through specific performance. We reverse and remand...

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