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REYNOLDS v. QUARTER CIRCLE RANCH, INC.

No. CIV.A. 00-K-2460.

280 F.Supp.2d 1235 (2003)

Tom REYNOLDS and Debbie Reynolds, individually and d/b/a/Energy Plus, Inc, a Colorado limited partnership, Plaintiff, v. QUARTER CIRCLE RANCH, INC., Mueller Ranch Homeowners Association, Inc., a Colorado Non-profit corporation; Randy Witte, Director, President of Mueller Ranch Homeowners Association, Inc.; Polly Munson, Director, Member of the Architecture Control Committee, of Mueller Ranch Homeowners Association, Inc.; Pat Jahner, Director and Secretary of Mueller Ranch Homeowners Association, Inc.; Marsha Witte, Treasurer of Mueller Ranch Homeowners Association, Inc.; Phred Jahner, Member of the Architectural Control Committee of Mueller Ranch Homeowners Association, Inc.; Ellen Cordoniere, Member of the Architectural Control Committee of Mueller Ranch Homeowners Association, Inc.; William A. Munson, Member of the Architectural Control Committee of Mueller Ranch Homeowners Association, Inc.; and John McKnight, Member of the Architectural Control Committee of Mueller Ranch Homeowners Association, Inc., Defendants.

United States District Court, D. Colorado.

September 1, 2003.

Attorney(s) appearing for the Case

Donita Bernadette Rolle-Jackson, Donita Rolle-Jackson, Atty. at Law, Patrick Nealsen Smith, Patrick N. Smith, Atty. at Law, Colorado Springs, CO, for plaintiffs/counter-defendants.

Edwin S. Kahn, Kelly/Haglund/Garnsey & Kahn LLC, Jeffrey J. Richards, Anstine, Hill, Richards & Simpson, Denver, CO, Rita L. Booker, Harris, Karstaedt, Jamison & Powers, P.C., Englewood, CO, for defendants/counter-claimant.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

I. Introduction

Defendants Quarter Circle M Ranch, Mueller Ranch Homeowners Association ("HOA"), Randy Witte, Polly Munson, Marsha Witte, Ellen Cordioniere, William A. Munson, and John A. McKnight ("HOA Defendants"), and Pat and Phred Jahner ("Jahners") each seek summary judgment, pursuant to Fed. R. of Civ. P. 56, on all of Plaintiffs' claims against them. Plaintiffs Tom and...

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