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FINK v. MILLER

No. 940267-CA.

896 P.2d 649 (1995)

C.W. FINK, Plaintiff and Appellant, v. Jim MILLER and Shannon Miller, Defendants and Appellees.

Court of Appeals of Utah.

May 25, 1995.

Attorney(s) appearing for the Case

David J. Bird, Richards, Bird & Kump, P.C., Salt Lake City, for appellant.

Thomas F. Rogan, Salt Lake City, for appellees.

Before ORME, P.J., and DAVIS, Associate P.J., and JACKSON, J.

OPINION

ORME, Presiding Judge:

Plaintiff appeals the trial court's order declaring a subdivision's restrictive covenant requiring wood shingle roofing to be unenforceable. Having concluded that "[t]he facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument," Utah R.App.P. 29(a)(3), we affirm.

FACTS

Plaintiff C.W. Fink and defendant Shannon Miller...

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