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CONWAY v. MILLER

No. DA 09-0598.

232 P.3d 390 (2010)

2010 MT 103

356 Mont. 231

John H. CONWAY and Hazel A. Conway, Plaintiffs and Appellees, v. Anita R. MILLER, Defendant and Appellant.

Supreme Court of Montana.

Decided May 5, 2010.

Attorney(s) appearing for the Case

For Appellant: Edward P. Nolde, Snyder Law Office, P.C., Bigfork, Montana.

For Appellee: Keith W. McCurdy, McCurdy Law Firm, P.C., Polson, Montana.

Justice MICHAEL E. WHEAT, delivered the Opinion of the Court.

¶ 1 John and Hazel Conway moved for summary judgment, asserting that a building restriction line depicted on Anita Miller's lot on the Redgate Vista subdivision plat restricted where she could build her garage. The Twentieth Judicial District Court, Lake County, granted the Conways' motion for summary judgment, concluding that the plain language of the plat clearly restricted the building's location...

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