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ARCHITECTURAL COMMITTEE v. KABATZNICK

No. 970188-CA.

949 P.2d 776 (1997)

ARCHITECTURAL COMMITTEE OF THE MOUNT OLYMPUS COVE SUBDIVISION NO. 3, Plaintiff and Appellant, v. Amy E. KABATZNICK, Defendant and Appellee.

Court of Appeals of Utah.

December 4, 1997.

Attorney(s) appearing for the Case

Gary G. Sackett, Glen D. Watkins, and Andrew H. Stone, Salt Lake City, for Appellant.

L. Benson Mabey, Salt Lake City, for Appellee.

Before DAVIS, P.J., and BENCH and JACKSON, JJ.

OPINION

BENCH, Judge:

Plaintiff Architectural Committee of the Mount Olympus Cove Subdivision No. 3 (Committee) appeals the trial court's decision granting defendant Amy E. Kabatznick's motion to strike the Committee's complaint and to dismiss the case on standing grounds. We reverse and remand for further proceedings.

BACKGROUND

Mount Olympus Cove Subdivision No. 3 was formed in 1966. The subdivision adopted restrictive covenants running...

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