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B.B.P. CORP. v. CARROLL

Nos. S-2300, S-2324.

760 P.2d 519 (1988)

B.B.P. CORPORATION, Appellant and Cross-Appellee, v. Michael J. CARROLL, Robert L. Craig, Jr., Gary A. Gordon, Henry Grant, Patrick D. Miller, Robert A. Sanders, Michael L. Rice and William M. Sackinger, Appellees and Cross-Appellants.

Supreme Court of Alaska.

August 26, 1988.

Attorney(s) appearing for the Case

Thomas R. Wickwire, Fairbanks, for appellant and cross-appellee.

Lance C. Parrish, Parrish Law Office, APC, Fairbanks, for appellees and cross-appellants Carroll, Craig, Gordon, Grant, Miller, Rice, and Sackinger.

Howard Staley, Staley, DeLisio, Cook & Sherry, Inc., Fairbanks, for appellee and cross-appellant Sanders.

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

OPINION

RABINOWITZ, Justice.

A subdivider, B.B.P. Corporation (BBP), brought suit against several residents of the subdivision to enforce two protective covenants requiring the cutting of trees. The questions raised on appeal are (1) whether enforcement of the covenants is barred, and (2) whether all of the subdivision residents are indispensable parties.

I.

BBP appeals from a summary judgment granted on the ground that the resident owners...

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