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SMITH v. SHINN

No. 8734.

350 P.2d 348 (1960)

David W. SMITH and Amalia Smith, Plaintiffs-Respondents, v. Francis A. SHINN and R. D. V. Shinn, Defendants-Appellants.

Supreme Court of Idaho.

March 18, 1960.

Attorney(s) appearing for the Case

Fredricks, Roberts & Burgoyne, Boise, for appellants.

Clemons, Skiles & Green, Boise, for respondents.

Richards, Haga & Eberle, Boise, amicus curiae.

KNUDSON, Justice.

On May 11, 1955, appellants, the then owners of a subdivision, hereinafter referred to as Flamingo Park, caused a plat thereof, describing 27 numbered lots, to be recorded in the office of the county recorder of Ada County. On May 13, 1955, appellants caused to be filed in said recorder's office an instrument entitled "Building Restrictions for Flamingo Park" (hereinafter referred to as restrictions), which instrument contained a provision as follows...

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