ASBURY PARK v. GREENBRIAR ESTATE

No. 37556.

271 P.3d 1194 (2012)

ASBURY PARK, LLC, an Idaho limited liability company; and John Esposito, an individual, Plaintiffs-Counterdefendants-Respondents, v. GREENBRIAR ESTATE HOMEOWNERS' ASSOCIATION, INC., an Idaho nonprofit corporation, Defendant-Counterclaimant-Appellant, and Debra Hobbs a/k/a Debbie Hobbs, an individual, d/b/a Action Association Management Company, Defendant-Counterclaimant.

Supreme Court of Idaho, Boise, August 2011 Term.

Rehearing Denied February 16, 2012.


Attorney(s) appearing for the Case

Hawley Troxell Ennis & Hawley, LLP, Boise, for appellant. Geoffrey Wardle argued.

Cosho Humphrey, LLP, Boise, for respondents. David Penny argued.


HORTON, Justice.

Greenbriar Estates Homeowner's Association (Greenbriar HOA or the HOA) and developer Asbury Park, LLC assert conflicting interests in a Greenbriar Estates Subdivision (Greenbriar Estates or the subdivision) lot upon which Asbury Park constructed storage facilities. The district court granted partial summary judgment in favor of Asbury Park. Greenbriar HOA appeals and asserts that the district court erred by rejecting the HOA's common law dedication...

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