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OMOHUNDRO v. SULLIVAN

Nos. S-08-0027, S-08-0028.

202 P.3d 1077 (2009)

2009 WY 38

Elissa A. OMOHUNDRO, Trustee of the First Restatement of the Elissa A. Omohundro Revocable Trust Agreement dated April 8, 2005; William D. Omohundro, Trustee of the First Restatement of the William D. Omohundro Revocable Trust Agreement dated April 8, 2005; and the Mc Family of Companies, LLC, a Wyoming limited liability company, Appellants (Defendants), v. Timothy S. SULLIVAN and Karen L. Sullivan, husband and wife; William J. Novotny, Jr. and Marilyn J. Novotny, husband and wife; David J. Goehring and Lynda A. Goehring, husband and wife; Babette L. Grala, Trustee of the William L. Grala Family Trust dated October 19, 2004, created under the First Restated William L. Grala Trust dated September 26, 2001; and Babette L. Grala, Trustee of the First Restated Babette L. Grala Trust dated September 26, 2001, Appellees (Plaintiffs). Timothy S. Sullivan and Karen L. Sullivan, husband and wife; William J. Novotny, Jr. and Marilyn J. Novotny, husband and wife; David J. Goehring and Lynda A. Goehring, husband and wife; Babette L. Grala, Trustee of the William L. Grala Family Trust dated October 19, 2004, created under the First Restated William L. Grala Trust dated September 26, 2001; and Babette L. Grala, Trustee of the First Restated Babette L. Grala Trust dated September 26, 2001, Appellants (Plaintiffs), v. Elissa A. Omohundro, Trustee of the First Restatement of the Elissa A. Omohundro Revocable Trust Agreement dated April 8, 2005; William D. Omohundro, Trustee of the First Restatement of the William D. Omohundro Revocable Trust Agreement dated April 8, 2005; and the Mc Family of Companies, LLC, a Wyoming limited liability company, Appellees (Defendants).

Supreme Court of Wyoming.

March 13, 2009.

Attorney(s) appearing for the Case

Representing Appellants in Case No. S-08-0027: Kendal Hoopes, Yonkee & Toner, LLP, Sheridan, Wyoming; Anthony T. Wendtland, Wendtland & Wendtland, LLP, Sheridan, Wyoming. Argument by Messrs. Hoopes and Wendtland.

Representing Appellees in Case No. S-08-0027: Kim P. Cannon and Sasha Johnston, Davis & Cannon, LLP, Sheridan, Wyoming. Argument by Mr. Cannon.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

KITE, Justice.

[¶ 1] Appellants (hereinafter referred to as Omohundro Trusts) own interests in Tract 6 of the Twin Lakes subdivision near Buffalo, Wyoming, and Appellees (hereinafter referred to collectively as the Sullivan Group) own Tracts 1 through 4. The parties dispute whether, under the subdivision restrictive covenants, Omohundro Trusts were required to obtain consent from all of the landowners before they could take action which would allow the City of...

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