CEYNAR v. BARTH

No. 20170135.

904 N.W.2d 469 (2017)

2017 ND 286

David and Virginia CEYNAR, Plaintiffs and Appellants v. Lonnie BARTH and The Ridge at Hawktree Homeowners' Association, Defendants and Appellees.

Supreme Court of North Dakota.

Filed December 7, 2017.


Attorney(s) appearing for the Case

Joshua A. Swanson , Fargo, N.D., for plaintiffs and appellants.

Steven J. Leibel , Bismarck, N.D., for defendant and appellee Lonnie Barth.

David J. Smith (argued) and Tyler J. Malm (on brief), Bismarck, N.D., for defendant and appellee The Ridge at Hawktree Homeowners' Association.


[¶ 1] David and Virginia Ceynar appeal from a summary judgment dismissing their breach of contract/covenant and nuisance action against Lonnie Barth and The Ridge at Hawktree Homeowners' Association. Because the district court did not err in ruling that the Association's restrictive

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