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NEWMAN v. WITTMER

No. 95-406.

917 P.2d 926 (1996)

Stewart NEWMAN, Susan Newman, Dale Stelter, Mary Stelter, Dave Klatt and Cory Klatt and Susan Brantsma, Petitioners and Respondents, v. Arthur WITTMER, Jr. and Carlene Gail Wittmer, Respondents and Appellants.

Supreme Court of Montana.

Decided June 4, 1996.

Attorney(s) appearing for the Case

Larry Jent; Williams, Jent & Dockins, Bozeman, for Appellants.

Donald E. White, Bozeman, for Respondents.

Brenda R. Cole; Swandal, Douglass, Frazier & Cole, Livingston, for Amicus (Montana Manufactured Housing & Recreational Vehicle Association).

LEAPHART, Justice.

Appellants, Arthur and Carlene Wittmer (Wittmers), appeal from the Gallatin County, Eighteenth Judicial District Court's Findings of Fact and Conclusions of Law determining that the Wittmers' mobile home violated subdivision covenants. In its Conclusions of Law, the District Court issued a mandatory injunction ordering the Wittmers to remove their home from their lot in the subdivision. The court also concluded...

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