Legal Opinion
Clubhouse at Fairway Pines, L.L.C. v. Fairway Pines Estates Owners Ass'n
Colorado Court of Appeals
Decided August 31, 2009No. 07CA1368PublishedCited by 13 opinions
1Opinion of the Court
Opinion by Judge WEBB.
In this dispute over the meaning of "club" in a declaration and restrictive covenants, defendant, Fairway Pines Estates Owners Association, Inc. (the Association), appeals the judgment entered following a bench trial in favor of plaintiff, Clubhouse at Fairway Pines, LL.C. (Clubhouse), and the award of attorney fees to Clubhouse. We reverse the judgment for failure to join as indispensable parties the lot owners who belong to the Association (the Owners), vacate the attorney fees order, and remand for further proceedings.
I. Facts
The following facts are undisputed. The…
2Cases cited32 opinions
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- Brooks v. Northglen Ass'nTexas Supreme Court · 2004
- Kansas City Southern Railway Company v. Great Lakes Carbon CorporationCourt of Appeals for the Eighth Circuit · 1980
- Moody v. PeopleSupreme Court of Colorado · 2007
- Paul Manygoats v. Thomas S. Kleppe, and Exxon Corporation, Intervenor-AppelleeCourt of Appeals for the Tenth Circuit · 1977
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3Cited by13 opinions
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- Foiles v. FoilesColorado Court of Appeals · 2014
- Upper Platte & Beaver Canal Co. v. Riverview Commons General Improvement DistrictColorado Court of Appeals · 2010
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