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NORTH COUNTRY VILLAS HOMEOWNERS ASS'N v. KOKENGE

No. 97,018.

163 P.3d 1247 (2007)

NORTH COUNTRY VILLAS HOMEOWNERS ASSOCIATION, et al., Appellees, v. Randy J. KOKENGE, Lori A. Kokenge, Clampitt-Hersh Development, LLC, Nations Development Corporation, and Charles Nations, Appellants.

Court of Appeals of Kansas.

August 3, 2007.

Attorney(s) appearing for the Case

Vernon L. Jarboe and Martha A. Peterson, of Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., of Topeka, for appellants.

Randall J. Forbes and Terry A. Iles, of Frieden & Forbes, of Topeka, for appellees.

Before MALONE, P.J., BUSER and LEBEN, JJ.

MALONE, P.J.

Nations Development Corporation (NDC) was the original developer of the North Country Villas subdivision, which consisted of single family homes and duplexes. In June and November 2005, NDC sold lots to Randy J. Kokenge and Lori A. Kokenge (the Kokenges) and Clampitt-Hersh Development, LLC (Clampitt-Hersh). In November 2005, NDC assigned its rights as declarant to the Kokenges and Clampitt-Hersh. As declarants, the Kokenges and Clampitt-Hersh revoked...

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