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GLENEAGLE CIVIC ASS'N v. HARDIN

No. 07CA1918.

205 P.3d 462 (2008)

GLENEAGLE CIVIC ASSOCIATION, a Colorado nonprofit corporation, Plaintiff-Appellant, v. Lewis D. HARDIN and Laura L. Hardin, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 5, 2009.

Attorney(s) appearing for the Case

Anderson, Dude & Lebel, P.C., Wm. Kelly Dude, Colorado Springs, Colorado, for Plaintiff-Appellant.

Mulliken Weiner Karsh Berg & Jolivet, P.C., Murray I. Weiner, Joseph L. Lambert, Colorado Springs, Colorado, for Defendants-Appellees.

Opinion by Judge BERNARD.

Plaintiff, Gleneagle Civic Association (the association), appeals the trial court's judgment denying its request to impose a fine and require the removal of a fence constructed by defendants, Lewis D. Hardin and Laura L. Hardin (the homeowners). We reverse and remand for further proceedings.

I. Background

The association is a homeowners association in El Paso County. The homeowners, who lived in California, wished to purchase...

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