ADAMS COUNTY ABSTRACT CO. v. FISK

No. 17515.

788 P.2d 1336 (1990)

117 Idaho 513

ADAMS COUNTY ABSTRACT CO., an Idaho corporation, Plaintiff-Appellant, v. Michael FISK, Clerk & Ex-Officio Auditor and Recorder, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied March 28, 1990.


Attorney(s) appearing for the Case

William H. Foster, Grangeville, for plaintiff-appellant.

Charles Robert Kroll, Weiser, for defendant-respondent.

Roger B. Madsen, Boise, for amicus curiae, Idaho Ass'n of Counties.


SUBSTITUTE OPINION

The Court's prior opinion, dated September 6, 1989, is hereby withdrawn.

BURNETT, Judge.

This litigation arises from a dispute between a title company and a county recorder. The issues on appeal are (a) whether the county recorder can demand a stamped, self-addressed envelope for returning a recorded document to the proper party; and (b) whether the title company has a right, over the county recorder's objection, to make photocopies...

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