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DUNN v. AAMODT

No. 12-1402.

695 F.3d 797 (2012)

Donald DUNN, Husband; Kay Dunn, Wife; Mike Womak; Vicki Raub; Greg O'Neal, Husband; Jo Alice O'Neal, Wife; Bill Pickens, Husband; Carolyn Pickens, Wife; Charlie Duvall, Husband; Rima Duvall; Theresa Ferrugia; John Inglehart; Dave Miller, Husband; Billie Kay Miller, Wife; Harold White, Husband; Hensley White, Wife; Mike Marshall, Husband; Sammy Marshall, Wife; Bill Ackerman, Husband; Bootsi Ackerman, Wife; Richard Cross, Husband; Jennifer Cross, Wife; T.L. Lauerman; Gary Beck; Manfred Hensler; Ethan Wright, Husband; Jinger Wright; Mike Schuster, Husband; Jan Schuster, Wife; Ed Czaja, Husband; Susan Czaja, Wife; Rod Engle, Husband; Rita Engle, Wife; Borum Cooper; Jim Bailey; Tom Hearne; Wayne Bodenhamer, Husband; Loretta Bodenhamer, Wife, Plaintiffs-Appellants v. Jason AAMODT, Husband; Maria Aamodt, Wife, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 10, 2012.

Attorney(s) appearing for the Case

David L. Ethredge , Johnnie A. Copeland , Mountain Home, AR, for appellant.

Alexander Graham Streett , James Albert Streett , Russellville, AR, for appellee.

Before MELLOY, BEAM, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

Appellants, property owners in Phase "A" of the River Ridge Park Subdivision ("the Subdivision") in the City of Norfork, Arkansas, filed a declaratory judgment action against Jason Aamodt and Maria Aamodt (together, "the Aamodts"). Appellants allege that the Aamodts, who also own property in Phase "A" of the Subdivision, violated (and continue to violate) certain restrictive covenants by renting their property to friends and others to use as...

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