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MICKLON v. DUDLEY

No. DA 06-0414.

170 P.3d 960 (2007)

2007 MT 265

339 Mont. 373

Dennis MICKLON, Plaintiff and Appellant, v. Arthur DUDLEY and Lynn C. Dudley, Defendants and Appellees.

Supreme Court of Montana.

Decided October 22, 2007.

Attorney(s) appearing for the Case

For Appellant: William A. Douglas, Douglas Law Firm, Libby, Montana.

For Appellees: James D. Reintsma, Reintsma Law Firm, Libby, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Dennis Micklon appeals from the decision of the District Court for the Nineteenth Judicial District, Lincoln County, holding that Arthur and Lynn C. Dudleys' 3,000-square-foot shop did not violate a restrictive covenant limiting lot use within the parties' subdivision to residential use. We reverse.

¶ 2 We restate the issue on appeal as follows: Did the District Court err in concluding...

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