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HURST v. THE ASSOCIATION

No. S-10249.

59 P.3d 275 (2002)

Michele and Gregory HURST, Appellants, v. VICTORIA PARK SUBDIVISION ADDITION NO. 1 HOMEOWNERS' ASSOCIATION, Appellee.

Supreme Court of Alaska.

November 29, 2002.

Attorney(s) appearing for the Case

Allan E. Tesche, Russell, Tesche, Wagg, Cooper & Gabbert, Anchorage, for Appellants.

Jesse C. Bell, Brena, Bell & Clarkson, P.C., Anchorage, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

The Victoria Park Subdivision Homeowners' Association built a short wood fence at the edge of Lot 43, a lot set aside for recreational purposes. Gregory and Michele Hurst, who live on an adjacent lot, sued, claiming that the fence violated a restrictive covenant proscribing "permanent structures" on Lot 43. The trial court granted summary judgment to the Association on the grounds that the fence...

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