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MIDDLEKAUFF v. LAKE CASCADE, INC.

Nos. 15941, 16002.

719 P.2d 1169 (1986)

110 Idaho 909

James MIDDLEKAUFF, Ian G. Beswick, Lester R. Updike, Leon Hales and Richard Lee, Plaintiffs-Respondents, v. LAKE CASCADE, INC., an Idaho corporation; Walter E. Heller & Co.; John G. Pierce, Trustee; Bric of America, Inc., Defendants-Appellants, and Intermountain State Bank, an Idaho corporation; Dean Dishman and Patricia Dishman, husband and wife; and Leonard Mallea and Patricia Mallea, husband and wife, Defendants. James MIDDLEKAUFF, Ian G. Beswick, Lester R. Updike, Leon Hales and Richard Lee, Plaintiffs-Respondents, v. Dean DISHMAN and Patricia Dishman, husband and wife; and Leonard Mallea and Patricia Mallea, husband and wife, Defendants-Appellants, and Lake Cascade, Inc., an Idaho corporation; Walter E. Heller & Co.; John G. Pierce, Trustee; Bric of America, Inc.; and Intermountain State Bank, an Idaho corporation, Defendants.

Supreme Court of Idaho.

May 19, 1986.

Attorney(s) appearing for the Case

Gerald L. Weston of Gigray, Miller, Downen & Weston, Caldwell, for Lake Cascade, Inc., Walter E. Heller & Co., John G. Pierce and Bric of America.

Kenneth L. Mallea of Mallea & Scrivner, Boise, for Leonard and Patricia Mallea.

Thomas A. Miller of Hawley Troxell Ennis & Hawley, Boise, for Dean and Patricia Dishman.

E. Don Copple of Davison, Copple, Copple & Copple, Boise, for plaintiffs-respondents.

BISTLINE, Justice.

Plaintiffs—owners of property located in the Lake Cascade subdivision which they purchased from Lake Cascade, Inc. (Lake Cascade)—alleged an interest in an undeveloped area, which interest was based on Lake Cascade's representations that the area would be maintained as a common recreational area. Initially, the district court granted defendants' motion for summary judgment, but this Court reversed and remanded for trial. Middlekauff...

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