![]() These 1997 covenants as well as Articles of Incorporation and Bylaws for Eagle Bend West Community Association were filed and recorded with the Flathead County Clerk and Recorder but the Articles were never filed with the Montana Secretary of State. ![]() The residential properties within Eagle Bend were subject to specific covenants established by the Eagle Bend homeowners association. ♣ In 1997, a developer established the residential Eagle Bend West Subdivision in Big Fork, Montana. ♢ Sam Waldenberg and Shirleen Weese appeal the Eleventh Judicial District Court’s order dismissing their claims against the Harbor Village Homeowners Association (HVHOA or Association). Its case title, cause number, and disposition shall be included in this Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports. ♡ Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Sandry, Johnson, Berg & Saxby, PLLP, Kalispell, Montana Submitted on Briefs: DecemDecided: JanuFiled: _ Clerk Justice Patricia Cotter delivered the Opinion of the Court. Ulbricht, Presiding Judge COUNSEL OF RECORD: For Appellants: Richard De Jana, Richard De Jana & Associates, PLLC, Kalispell, Montana For Appellee: Paul A. APPEAL FROM: District Court of the Eleventh Judicial District, In and For the County of Flathead, Cause No. SAM WALDENBERG and SHIRLEEN WEESE, individually and as Trustees of the S&SW TRUST, Respondents and Appellants. JanuDA 15-0337 Case Number: DA 15-0337 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 13N HARBOR VILLAGE HOMEOWNERS ASSOCIATION, INC., a Montana Corporation, Petitioner and Appellee, v.
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