Legal Opinion

Margerison v. Charter Oak Homeowners Ass'n

Court of Civil Appeals of Oklahoma

Decided May 21, 2010No. 107,843. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1PublishedCited by 2 opinions

1Opinion of the Court

KENNETH L. BUETTNER, Presiding Judge.

1 Plaintiffs/Appellants Keith Margerison and Robert McCullough appeal summary judgment entered in favor of Defendant/Ap-pellee Charter Oak Homeowners Association. Appellants and Association both sought summary judgment declaring whether Appellants' gates could remain in a fence Association installed along its fencing easement on Appellants' properties. The record on appeal shows disputed material facts on the issues of waiver and estoppel. We therefore reverse and remand for further proceedings.

T2 Appellants' lots in the Charter Oak Addition in Tulsa were…

2Cases cited3 opinions

  1. Brown v. Alliance Real Estate GroupSupreme Court of Oklahoma · 1999
  2. Vance v. Federal National Mortgage Ass'nSupreme Court of Oklahoma · 1999
  3. Smith v. Baptist Foundation of OklahomaSupreme Court of Oklahoma · 2002

3Cited by2 opinions

  1. Barrett v. HumphreyCourt of Civil Appeals of Oklahoma · 2012
  2. Margerison v. Charter Oak Homeowners Ass'nCourt of Civil Appeals of Oklahoma · 2010

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