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STEVENS v. ELK RUN HOMEOWNERS' ASS'N, INC.

No. 03-70.

90 P.3d 1162 (2004)

2004 WY 63

Burton STEVENS, Appellant (Defendant), v. ELK RUN HOMEOWNERS' ASSOCIATION, INC., a Wyoming non-profit corporation, Appellee (Plaintiff).

Supreme Court of Wyoming.

June 2, 2004.

Attorney(s) appearing for the Case

Representing Appellant: Christopher S. Leigh, Jackson, Wyoming.

Representing Appellee: Frank Hess and Paul E. D'Amours of Hess & Carlman, LLC, Jackson, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

KITE, Justice.

[¶ 1] Burton Stevens placed a portable hot tub on the exterior deck of his townhouse without the express consent of the management committee of the Elk Run Homeowners' Association (the Homeowners' Association). The covenants which applied to the townhouse development required approval of the Homeowners' Association for placement of items within the common areas. The Homeowners' Association filed suit against Mr. Stevens seeking to have the hot...

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