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HUTCHENS v. BELLA VISTA VILLAGE PROPERTY OWNERS' ASSOCIATION

No. CA 02-925.

110 S.W.3d 325 (2003)

George HUTCHENS, Don Skeahan, and Robert Scott v. BELLA VISTA VILLAGE PROPERTY OWNERS' ASSOCIATION, INC.

Court of Appeals of Arkansas, Division IV.

April 30, 2003.

Attorney(s) appearing for the Case

Jerry B. Dossey, PLC, by Brian D. Burke and Jerry B. Dossey, Bentonville, for appellants.

Connor & Winters, P.L.L.C., by John R. Elrod and Vicki Bronson, Fayetteville; and Boyer, Schrantz, Rhoads & Teague, by Douglas R. Schrantz, Rogers, for appellee.

OLLY NEAL, Judge.

This is an appeal from an order of the Benton County Circuit Court, granting appellee's motion for summary judgment. Appellants challenge the trial court's finding that the protective covenants for Bella Vista Village permitted the implementation of a two-tiered assessment scheme based on whether a lot is improved or unimproved. They also argue that the trial court erred when it ignored the precedential treatment of Kell v. Bella Vista Village...

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