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Beebe v. Bridger Creek Subdivision

Beebe v. Bridger Creek Subdivision, 2015 MT 183 (June 30, 2015) (Cotter, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court properly granted judgment to Beebe, and (2) whether the district court properly awarded costs and fees to Beebe.

Short Answer: (1) Yes, and (2) no.

Judgment affirmed, attorneys’ fees and costs reversed

Facts: Beebe is a member of the subdivision Community Association. He sued for declaratory judgment, alleging the Association bypassed an approval procedure laid out in the covenants and bylaws when it used maintenance funds for constructing a trail adjacent to the subdivision. Beebe argued the project was a capital improvement subject to a special assessment, not a maintenance assessment, and that the Association did not follow the procedure for special assessments.…

Bennett v. Hill

Bennett v. Hill, 2015 MT 30 (Feb. 3, 2015) (Wheat, J.) (5-0, rev’d)

Issue: (1) Whether the district court properly granted summary judgment to defendants on whether the wall was a spite fence; (2) whether the district court properly granted summary judgment to defendants on whether the wall was a nuisance; (3) whether the wall violated the subdivision restrictions; and (4) whether the district court properly awarded attorneys’ fees to defendants.

Short Answer: (1) No; (2) no; (3) genuine issues of material fact preclude summary judgment and (4) attorneys’ fees are reversed because defendants are no longer the prevailing party.

Reversed and remanded

Facts: Plaintiffs own lots in the Lake Hills Subdivision. Defendant Lake Hills Golf, LLC, also owns a lot in the subdivision, which is adjacent to plaintiffs’ properties.…