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COUNTRY ESTATES HOMEOWNERS v. McMILLAN

No. 94-357.

887 P.2d 249 (1994)

COUNTRY ESTATES HOMEOWNERS ASSOCIATION, a Montana corporation, Petitioner and Respondent, v. George W. McMILLAN, Eloise F. McMillan, and Vance A. McMillan, Respondents and Appellants.

Supreme Court of Montana.

Decided December 22, 1994.

Attorney(s) appearing for the Case

Richard R. Buley, Tipp & Buley, Missoula, for appellants.

E. Eugene Atherton, Kalispell, for respondent.

TRIEWEILER, Justice.

Petitioner Country Estates Homeowners Association filed a petition for a writ of mandate on June 8, 1993, in the District Court for the Eleventh Judicial District in Flathead County. They requested that George, Eloise, and Vance McMillan (the McMillans), be ordered to comply with the restrictive covenants attached to real property owned by the McMillans, and that the McMillans be ordered to pay reasonable attorney fees. On December 1, 1993, the...

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