HILLCREST HOMEOWNERS ASS'N v. WILEY

No. 89-23.

778 P.2d 421 (1989)

HILLCREST HOMEOWNERS ASSOCIATION, a Montana Corporation, Plaintiff and Appellant, v. A.G. WILEY and Kanchana Wiley, Defendants and Respondents.

Supreme Court of Montana.

Decided August 31, 1989.


Attorney(s) appearing for the Case

Thomas R. Bostock, Warden, Christiansen, Johnson and Berg, Kalispell, for plaintiff and appellant.

H. James Oleson, Oleson Law Firm, Kalispell, for defendants and respondents.


GULBRANDSON, Justice.

Plaintiff, the Hillcrest Homeowners Association, filed a complaint in the District Court for the Eleventh Judicial District, Flathead County, alleging that the defendants, A.G. Wiley and Kanchana Wiley, now deceased, violated a restrictive covenant by building a garage on their lot in Hillcrest Estates subdivision, Flathead County. The District Court entered summary judgment in favor of the defendants. Plaintiffs appeal. We reverse and remand...

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