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BREWER v. HAWKINSON

No. DA 08-0425.

221 P.3d 643 (2009)

2009 MT 346

353 Mont. 154

C. Kenneth BREWER, John Bruder, Patricia K. Doyle, Richard S. Drodz, Kristine M. Lee, Frank Ringel, Christopher Rausch, and Eric Rolshoven, Plaintiffs, Appellees and Cross-Appellants, v. Chad Hawkinson, Dace R. HAWKINSON, and Robert L. Hawkinson, Defendants, Appellants and Cross-Appellees, v. One Horse Construction, Inc., Intervenor.

Supreme Court of Montana.

Decided October 21, 2009.

Attorney(s) appearing for the Case

For Appellants: Douglas D. Harris, Douglas Harris Law Offices, Missoula, Montana.

For Appellees: Reid J. Perkins and Jane E. Cowley, Worden Thane P.C., Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 The several Plaintiffs in this action filed suit in the Twenty-first Judicial District Court, Ravalli County, seeking a declaratory judgment that covenants running with the land in the Homestead Acres subdivision, prohibiting further division of tracts, remain in effect. The Plaintiffs also sought a declaratory judgment that they had effectively amended these same covenants to provide that access to...

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