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DREES CO. v. OSBURG

No. 2002-CA-001051-MR.

144 S.W.3d 831 (2004)

The DREES COMPANY, Appellant, v. Fred OSBURG and Jeannie Osburg, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 15, 2003.

Discretionary Review Denied by Supreme Court October 13, 2004.

Attorney(s) appearing for the Case

Gerald F. Dusing, Adams, Stepner, Woltermann & Dusing, P.L.L.C., Covington, KY, Valerie Van Valkenburg, Aronoff, Rosen & Hunt, Cincinnati, OH, for appellant.

Elizabeth Graham Weber, Deters, Benzinger & LaVelle, P.S.C., Covington, KY, for amicus curiae Home Builders Association of Northern Kentucky and Home Builders Association of Kentucky.

Paul J. Vesper, Covington, KY, for appellees.

Before BARBER, COMBS, and KNOPF, Judges.

OPINION

KNOPF, Judge.

In October 2000, Fred and Jeannie Osburg contracted for the construction and purchase of a new home with The Drees Company, a multi-state developer and builder of residential communities. The company was developing Glenridge, a residential subdivision in Cold Spring, Campbell County. Soon after the Osburgs took possession of their new home in May 2001, they installed an above-ground pool. When the company informed them that the...

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