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D. MICHAEL HYDE, and wife, DINA M. HYDE v. CHESNEY GLEN HOMEOWNERS ASSOCIATION, INC.

Deeds — Restrictive covenants — architectural review committee — above-ground pool — unreasonable denial

The decision of the Court of Appeals in this case is reversed for the reason stated in the dissenting opinion in the Court of Appeals that a subdivision architectural review committee unreasonably withheld approval of plaintiffs' application for permission to construct an above-ground swimming pool where it failed to give plaintiffs notice of valid reasons why the application was denied.

PER CURIAM.

The decision of the Court of Appeals is reversed for the reasons stated in Judge Hunter's dissenting opinion.

REVERSED.

Justice PARKER did not participate in the consideration or decision of this case.

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HYDE v. CHESNEY GLEN HOMEOWNERS ASS'N
(Oct 1, 2000)