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HAUGH v. SMELICK

No. 18812.

887 P.2d 26 (1993)

126 Idaho 481

Chris HAUGH, Plaintiff-Respondent, v. Robert SMELICK, Defendant-Appellant.

Supreme Court of Idaho, Boise, October 1992 Term.

January 28, 1993.

Attorney(s) appearing for the Case

Holland & Hart, Boise, for defendant-appellant. B. Newal Squyres, argued.

Roark, Donovan, Praggastis, Rivers & Phillips, Hailey, for plaintiff-respondent. Ray Keith Roark, argued.

ON REHEARING

1992 OPINION NO. 66, FILED APRIL 8, 1992, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

McDEVITT, Justice.

NATURE OF THE CASE

This appeal concerns development and construction of a planned unit development ("PUD"). Respondent, Chris Haugh ("Haugh"), instituted this action against appellant, Robert Smelick ("Smelick"), seeking to enjoin Smelick from constructing four (4) residential units in an area alleged to...

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