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CHASE v. BEARPAW RANCH ASS'N

No. 05-220.

133 P.3d 190 (2006)

2006 MT 67

331 Mont. 421

Mark CHASE, Dave Burton and Barbara Herman, Plaintiffs and Appellants, v. BEARPAW RANCH ASSOCIATION, Gene Aubrey, Ron Fraze, David Grimland, James Dickey and Mike Preyer, Defendants and Respondents.

Supreme Court of Montana.

Decided April 11, 2006.

Attorney(s) appearing for the Case

For Appellants: Robert L. Sterup, Holland & Hart, Billings, Montana.

For Respondents: Leonard H. Smith and Christopher C. Voigt, Crowley, Haughey, Hanson, Toole & Dietrich, PLLP, Billings, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Mark Chase, Dave Burton and Barbara Herman (collectively, "Chase") filed an action against a homeowner's association and its board of directors—Bearpaw Ranch Association, Gene Aubrey, Ron Fraze, David Grimland, James Dickey and Mike Preyer (collectively, "Bearpaw")—seeking a declaratory judgment that the governance of the association violates Montana law and requesting injunctive...

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