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CLUB. AT FAIR. PINES v. FAIR. PINES ESTATES

No. 07CA1368.

214 P.3d 451 (2008)

CLUBHOUSE AT FAIRWAY PINES, L.L.C., Plaintiff-Appellee, v. FAIRWAY PINES ESTATES OWNERS ASSOCIATION, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

Rehearing Denied December 4, 2008.

Certiorari Granted August 31, 2009.

Attorney(s) appearing for the Case

Fleming & Stern, John J. Fleming, Jr., Susan C. Baker, Montrose, Colorado, for Plaintiff-Appellee.

Hoskin, Farina & Kampf, P.C., Michael J. Russell, David M. Dodero, Andrew H. Teske, Grand Junction, Colorado, for Defendant-Appellant.

Opinion by Judge WEBB.

In this dispute over the meaning of "club" in a declaration and restrictive covenants, defendant, Fairway Pines Estates Owners Association, Inc. (the Association), appeals the judgment entered following a bench trial in favor of plaintiff, Clubhouse at Fairway Pines, L.L.C. (Clubhouse), and the award of attorney fees to Clubhouse. We reverse the judgment for failure to join as indispensable parties...

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