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McKAY v. WILDERNESS DEVELOPMENT, LLC

No. DA 08-0299.

221 P.3d 1184 (2009)

2009 MT 410

353 Mont. 471

Craig McKAY and Lisa McKay, Husband and Wife, Plaintiffs, Appellees, and Cross-Appellants, v. WILDERNESS DEVELOPMENT, LLC, Defendant, Appellant, and Cross-Appellees.

Supreme Court of Montana.

Decided November 27, 2009.

Rehearing Denied December 30, 2009.

Attorney(s) appearing for the Case

For Appellant: Sean S. Frampton, Morrison & Frampton, PLLP, Whitefish, Montana.

For Appellees: Amy N. Guth, Attorney at Law, Libby, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Craig and Lisa McKay brought suit against Wilderness Development, LLC (Wilderness), in the District Court of the Nineteenth Judicial District Court, Lincoln County, alleging it had violated restrictive covenants attached to the Koocanusa Estates Subdivision near Eureka, Montana (Subdivision). The McKays also alleged that Wilderness had trespassed on their property and converted some of their trees. The...

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