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Dunne v. Shenandoah Homeowners Association

12 P.3d 340 (2000)

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Dunne v. Shenandoah Homeowners Association

Colorado Court of Appeals
12 P.3d 340 (2000)

RW

Facts

The Shenandoah subdivision’s developer recorded the subdivision’s original restrictive covenants in 1984. The covenants provided no mechanism for their amendment or revocation. Of the subdivision’s four original owners, Adalouise Dunne (plaintiff) and one of her neighbors bought their subdivision lots in reliance on the 1984 covenants’ prohibition against sheep keeping within the subdivision. In 1989, without obtaining the original owners’ consent, the developer purportedly revoked the 1984 covenants and adopted new covenants, which omitted any ban on sheep keeping. The Shenandoah Homeowners Association, Inc. (association) (defendant) amended its by-laws accordingly. Soon thereafter, Paul and Terrianne Warner (defendants) bought a subdivision lot and began pasturing sheep on their property. Because this activity interfered with the original owners’ enjoyment of their properties, Dunne sued the association and the Warners to reinstate the 1984 covenants. When the trial court ruled against Dunne, she appealed to the Colorado Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Ruland, J.)

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