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MEADOW LAKE ESTATES HOMEOWNERS ASSOCIATION v. SHOEMAKER

No. DA 06-0261.

178 P.3d 81 (2008)

2008 MT 41

341 Mont. 345

MEADOW LAKE ESTATES HOMEOWNERS ASSOCIATION, Plaintiff and Appellee, v. Daniel SHOEMAKER, an individual, and Jane Shoemaker, an individual, and John Does I-X, Defendants and Appellants.

Supreme Court of Montana.

Decided February 5, 2008.

Attorney(s) appearing for the Case

For Appellants: Quentin M. Rhoades, Sullivan, Tabaracci & Rhoades, P.C., Missoula, Montana.

For Appellee: Martin S. King, Worden, Thane, P.C., Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Daniel Shoemaker and Jane Shoemaker (the Shoemakers) appeal from the District Court's order granting summary judgment to Meadow Lake Estates Homeowners Association (the Association). We affirm.

¶ 2 The Shoemakers present the following issues for review:

¶ 3 1. Whether the District Court properly determined that the Shoemakers had waived the affirmative defense of statute of...

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