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BUICK v. HIGHLAND MEADOW ESTATES

No. 99SC810.

21 P.3d 860 (2001)

Donald BUICK; Mad Ventures, Ltd.; Sorrell Hills Development Corp.; and Lot 6 at Castle Peak Ranch RLLP, Petitioners, v. HIGHLAND MEADOW ESTATES AT CASTLE PEAK RANCH, INC., a nonprofit corporation; John Pringle; Paul Koze; Jerry Dillon; and Gretta Parks, Respondents.

Supreme Court of Colorado, En Banc.

April 16, 2001.

Attorney(s) appearing for the Case

Isaacson, Rosenbaum, Woods & Levy, P.C., Blain D. Myhre, Denver, CO, Attorneys for Petitioners.

Balcomb and Green, P.C., Scott Balcomb, Lori J.M. Satterfield, David Sandoval, Glenwood Springs, CO, Attorneys for Respondents.

Justice KOURLIS delivered the Opinion of the Court.

This case involves the interpretation of a restrictive covenant applicable to the Highland Meadow Estates at Castle Peak Ranch, Inc., homeowners' association (homeowners' association)1 in rural Eagle County, which states in part: "All lots shall be used exclusively for single-family dwellings which shall not exceed two residences." The question is whether that covenant prevents construction...

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