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SUMNER HILL HOMEOWNERS' ASSN., INC. v. RIO MESA HOLDINGS, LLC

No. F058617.

205 Cal.App.4th 999 (2012)

141 Cal. Rptr. 3d 109

SUMNER HILL HOMEOWNERS' ASSOCIATION, INC., et al., Plaintiffs and Appellants, v. RIO MESA HOLDINGS, LLC, et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

May 2, 2012.

Attorney(s) appearing for the Case

Dowling, Aaron & Keeler, Lynne Thaxter Brown ; Law Offices of Walter W. Whelan, Walter W. Whelan and Brian D. Whelan for Plaintiffs and Appellants Sumner Hill Homeowners' Association, Inc., Michael Seng , Jim Hutton , Lelon Forlines , Rosa Forlines , Susan Early and John McGuckin .

Robert J. Rosati for Plaintiff and Appellant David Kaye .

McKenna, Long & Aldridge, Charles A. Bird , Gerald M. Murphy , Antony D. Nash and Joshua M. Heinlein for Defendants and Appellants.

Smiland & Chester, William M. Smiland , Theodore Chester ; McCormick, Barstow, Sheppard, Wayte & Carruth and Marshall C. Whitney for Sumner Peck Ranch, Inc., as Amicus Curiae on behalf of Defendants and Appellants.

Douglas W. Nelson , County Counsel, for County of Madera as Amicus Curiae on behalf of Defendants and Appellants.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

KANE, J.—

For over two decades, homeowners at Sumner Hill, an isolated subdivision on bluffs overlooking the San Joaquin River, experienced the privacy of living in a remote, rural location within the confines of a security gate. They also enjoyed unrestricted access to the San Joaquin River...

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