STADNICKY v. SOUTHPARK TERRACE ASS'N

No. S-7359.

939 P.2d 403 (1997)

George STADNICKY and Ann Stadnicky, Appellants, v. SOUTHPARK TERRACE HOMEOWNER'S ASSOCIATION, INC., Appellee.

Supreme Court of Alaska.

May 16, 1997.


Attorney(s) appearing for the Case

J.L. McCarrey, III, Law Offices of McCarrey & McCarrey, Anchorage, for Appellants.

Michael T. Stehle and Kenton K. Pettit, Bogle & Gates P.L.L.C., Anchorage, for Appellee.

Before COMPTON, C.J., and RABINOWITZ, MATTHEWS, EASTAUGH and FABE, JJ.


OPINION

COMPTON, Chief Justice.

I. INTRODUCTION

Southpark Terrace Homeowner's Association sought to enforce a restrictive covenant against the Stadnickys. The covenant barred the use of metal roofing in Southpark subdivision. The superior court granted summary judgment and awarded actual, reasonable attorney's fees to Southpark. The Stadnickys appeal. We affirm.

II. FACTS AND PROCEEDINGS

The Stadnicky family...

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