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TOWN & COUNTRY ESTATES ASS'N v. SLATER

No. 87-91.

740 P.2d 668 (1987)

TOWN & COUNTRY ESTATES ASSOCIATION, Plaintiff and Respondent, v. Ken SLATER and Alice D. Slater, Defendants and Appellants.

Supreme Court of Montana.

July 28, 1987.

Attorney(s) appearing for the Case

Pedersen & Conrad; Carol Hardy Conrad, Billings, for defendants and appellants.

Gary Beiswanger, Billings, for plaintiff and respondent.

TURNAGE, Chief Justice.

Defendants Ken and Alice Slater appeal a November 5, 1986 permanent injunction by the Thirteenth Judicial District Court, Yellowstone County. The injunction prevented the Slaters from building a house in Town & Country Estates until a Design Review Committee approves the Slaters' building plans and specifications. We reverse and vacate the injunction.

The Slaters present three issues for our review:

1. Did the District Court...

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