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BEAR LAKE WEST HOMEOWNER'S ASSOCIATION v. BEAR LAKE COUNTY

No. 18026.

796 P.2d 1016 (1990)

118 Idaho 343

BEAR LAKE WEST HOMEOWNER'S ASSOCIATION, Plaintiff-Appellant, v. BEAR LAKE COUNTY, George Hulme, Floyd Bird, Lee Rigby and Does 1 through 10 inclusive, Defendants-Respondents.

Supreme Court of Idaho.

August 6, 1990.

Attorney(s) appearing for the Case

Howard W. Matthews, Paris, for plaintiff-appellant.

Racine, Olson, Nye, Cooper and Budge, Pocatello, for defendants-respondents. Louis F. Racine, Jr., argued.

HERNDON, Justice Pro Tem.

This action involves a request for a Writ of Mandate directing defendants/respondents Bear Lake County and Bear Lake County Commissioners (County) to construct and maintain utilities within a private land development. Plaintiff/Appellant Bear Lake West Homeowners Association (Association) appeals the summary judgment granted to the County.

We vacate the District Court's decision and remand this case for further proceedings.

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