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HERINGER v. BARNEGAT DEVELOPMENT GROUP

DA 20-0512.

485 P.3d 731 (2021)

2021 MT 100

Charles J. HERINGER, III, AS the TRUSTEE OF the CHARLES J. HERINGER, III, TRUST, DATED MAY 20, 1999, as Amended and Restated; Ronald R. Broadway; Shawn A. Schaffer and Kristy M. Schaffer; Michael A. DiFronzo; Tracie E. Pabst; Moose 59, LLC; and Moose Drool Properties, LLC, Plaintiffs and Appellants, v. BARNEGAT DEVELOPMENT GROUP, LLC; RZLDZL, LLC; and John and Jane Does 1-10; Defendants and Appellees.

Supreme Court of Montana.

Decided: April 27, 2021.

Attorney(s) appearing for the Case

For Appellants: Robert K. Baldwin , Goetz, Baldwin & Geddes, P.C., Bozeman, Montana.

For Appellees: Alanah Griffith , Patrick Tillisch , Griffith & Cummings, PC, Big Sky, Montana (for Barnegat Development Group, LLC), Elizabeth W. Lund , Berg Lilly, PC, Bozeman, Montana (for RZLDZL, LLC).

¶1 The owners of condominium units located in Big Sky, Montana, sued the condominium developer for breach of contract and declaratory judgment after the developer unilaterally amended the condominium declaration to create a new homeowners' association to which new unit owners would...

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