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FOX FARM ESTATES LANDOWNERS v. KREISCH

No. 97-057.

947 P.2d 79 (1997)

FOX FARM ESTATES LANDOWNERS ASSOCIATION, a Montana non-profit corporation, Plaintiff and Appellant, v. Troy L. KREISCH and Denise A. Kreisch, Defendants and Respondents.

Supreme Court of Montana.

Decided October 30, 1997.

Attorney(s) appearing for the Case

Timothy J. Wylder, Special Counsel, Patrick R. Watt; Jardine, Stephenson, Blewett & Weaver, Great Falls, for Plaintiff and Appellant.

Gregory J. Hatley; Davis, Hatley, Haffeman & Tighe, Great Falls, for Defendants and Respondents.

Brenda R. Gilbert; Swandal, Douglass, Frazier & Gilbert, Livingston, for Amicus Montana Manufactured Housing and RV Association.

LEAPHART, Justice.

Fox Farm Estates Landowners Association (Fox Farm), appeals from the decision of the Eighth Judicial District Court, Cascade County, denying Fox Farm's action to enjoin preliminarily and permanently Troy and Denise Kreisch's (Kreisches') installation of a manufactured home contrary to a restrictive covenant prohibiting temporary structures. We reverse and remand.

Fox Farm raises two issues on appeal. We conclude that the first issue is dispositive...

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