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Town & Country Estates Association v. Slater

740 P.2d 668 (1987)

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Town & Country Estates Association v. Slater

Montana Supreme Court

740 P.2d 668 (1987)

Facts

The Town & Country Estates Association (TCE) (plaintiff) was a subdivision that contained both single-family homes and vacant lots. All deeds to TCE lots incorporated a Declaration of Covenants, Conditions, and Restrictions. Article V of the Declaration required that new construction in TCE be approved by the Design Review Committee (DRC) and be in harmony of external design to surrounding homes. There was no minimum value contained in Article V, but it required TCE homes to have a minimum of 2,400 square feet and have a shake roof. The homes in TCE had unique external designs in a variety of styles. Slater (defendant) purchased a lot in TCE and submitted their proposed home, which had wood siding, a shake roof, and 2,600 square feet, for approval to the DRC. The DRC rejected Slater’s proposed home, which would be worth approximately $135,000, stating that it did not conform to the general tone of the area and recommended that Slater propose a home closer to the $200,000 price range in order to align with surrounding homes. Though the proposed home was not approved, Slater began construction on the home. TCE obtained a temporary restraining order against Slater’s construction. Slater resubmitted his proposed home for approval, but it was once against rejected by the DRC because it was not in harmony of external design to surrounding homes. The trial court granted TCE a permanent injunction against Slater’s construction of his proposed home, and Slater appealed.

Rule of Law

Issue

Holding and Reasoning (Turnage, C.J.)

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