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IDAHO DEPT. OF LAW ENF. BY CADE v. FREE

No. 20626.

885 P.2d 381 (1994)

126 Idaho 422

IDAHO DEPARTMENT OF LAW ENFORCEMENT By and Through Richard L. CADE, Director, Plaintiff-Respondent, v. Real Property Located in Minidoka County, Idaho, together with all fixtures and appurtenances, more particularly described as: Lot 2 in Block 5 of Vista Village Addition to the city of Rupert, Minidoka County, Idaho, according to the official plat thereof, now on file in the office of the County Recorder, Minidoka County, Idaho, recorded April 3, 1961 in Book 8 of Miscellaneous, page 376, Minidoka County records. Subject to: a utility easement as shown by plat of Vista Village, dated March 17, 1961, executed by Lawrence L. Wright and Anne Julia Wright, husband and wife, and Marion D. Wright and Lorraine Wright, husband and wife, doing business as Wright Brothers, to the public, recorded April 3, 1961 in Book 8 of Miscellaneous, page 376, Minidoka County records. The effects of protective covenants of Vista Village, dated March 17, 1961. Executed by Lawrence L. Wright and Julia Wright, husband and wife, and Marion D. Wright and Lorraine Wright, husband and wife, doing business as Wright Brothers, a partnership, to the public, recorded April 3, 1961 in Book 8 of Miscellaneous, page 377, Minidoka County records, which recites inter alias covers all of Blocks 2, 3 and 5 and lots 1, 2, 3, 4, 5, and 6 in Block 4 of Vista Village; sets forth architectural control; restricts the area to residential use only and states dwellings shall not be less than 800 square feet and cost less than $9500.00, Defendants, and Richard and Kathie FREE, Real Parties in Interest-Appellants.

Supreme Court of Idaho Twin Falls.

June 8, 1994.

Attorney(s) appearing for the Case

Service, Gasser & Kerl, Pocatello, for appellants. Steven V. Richert argued.

Larry EchoHawk, Idaho Atty. Gen., Clayne S. Zollinger, Jr., Deputy Atty. Gen., Boise, argued, for respondent.

TROUT, Justice.

Richard and Kathie Free (the "Frees") appeal from the denial of their motion to dismiss and the grant of summary judgment in favor of the Department of Law Enforcement (the "Department") and the subsequent issuance of a civil forfeiture order for their home, pursuant to I.C. § 37-2744A following Kathie Free's guilty plea to one count of felony delivery of marijuana which delivery allegedly took place in the Frees' home.

BACKGROUND AND...

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