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TOAVS v. SAYRE

No. 96-611.

934 P.2d 165 (1997)

Warren V. TOAVS, Jeffrey W. Toavs, and Jana L. Toavs, Plaintiffs and Appellants, v. Randy J. SAYRE, Individual, Donna Sipes, Individual, Bruce R. Sundseth and Lana G. Sundseth, Individuals, Defendants and Respondents.

Supreme Court of Montana.

Decided March 4, 1997.

Attorney(s) appearing for the Case

Stewart R. Kirkpatrick, Bruce F. Fain; Murphy, Kirkpatrick & Fain, Billings, for Plaintiffs and Appellants.

Earl J. Hanson; Hanson, Roybal, Lee & Todd, Billings, for Randy Sayre and Donna Sipes.

William J. Mattix; Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for Bruce and Lana Sundseth.

LEAPHART, Justice.

The Toavses filed suit against Sayre, Sipes and the Sundseths to enforce restrictive covenants prohibiting mobile homes within a subdivision. Each party filed a motion for summary judgment. The District Court found that the covenants in question were ambiguous and granted summary judgment to the owners of the mobile homes in question. The Toavses appeal from that judgment. We affirm as to Sayre/Sipes and reverse as to the Sundseths.

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