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WAGNER v. WOODWARD

No. DA 11-0335.

270 P.3d 21 (2012)

2012 MT 19

Mark D. WAGNER, Plaintiff and Appellant, v. Brian WOODWARD, Defendant, Third Party Plaintiff, Appellee, and Cross-Appellant, v. Taunja L. Wagner, Third Party Defendant and Appellant.

Supreme Court of Montana.

Decided January 31, 2012.

Attorney(s) appearing for the Case

For Appellant: John M. Wagner , Wagner Law Firm, P.C., Whitefish, Montana.

For Appellee: Michael A. Ferrington , Attorney at Law, Whitefish, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Mark and Taunja Wagner (Wagners) own property (Lot 2) along Whitefish River in Whitefish, Montana, which is subject to restrictive covenants. Brian Woodward purchased adjacent property (Lot 1) that is subject to the same covenants. Woodward added onto the deck of the home he purchased and built a split-rail fence along his east and west property lines. Wagners sued, claiming Woodward's additions...

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