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BUCKINGHAM v. WESTON VILLAGE HOMEOWNERS ASSOCIATION

Civil No. 970114.

571 N.W.2d 842 (1997)

1997 ND 237

William M. BUCKINGHAM, Marion L. Buckingham, Arnold J. Metzger, Levina S. Metzger, Ann M. Alhamrani, Donald L. Hinkle, Lavon F. Hinkle, Gilbert W. Ellwein, Iris G. Ellwein, Maynard F. Sholts, Evelyn V. Sholts, Claudius A. Wold and Florence E. Wold, Plaintiffs and Appellants, v. WESTON VILLAGE HOMEOWNERS ASSOCIATION, a corporation, Defendant and Appellee.

Supreme Court of North Dakota.

December 9, 1997.

Attorney(s) appearing for the Case

Ray H. Walton (argued), Bismarck, for plaintiffs and appellants.

James P. Rausch (argued), of Rausch Law Office, Bismarck, for defendant and appellee.

MARING, Acting Chief Justice.

[¶ 1] The plaintiffs, unit owners in the Weston Village condominium development, have appealed from a summary judgment dismissing their action seeking a declaratory judgment prohibiting enforcement of an amendment to the condominium's bylaws. We reverse and remand for further proceedings consistent with this opinion.

[¶ 2] Weston Village is a condominium project located in Bismarck. The Weston Village Homeowners Association...

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