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POST v. MURPHY

No. 20242.

873 P.2d 118 (1994)

125 Idaho 473

Edward T. POST, and Constance Hendrick Post, husband and wife; the Joan Preston O'Neil Revocable Trust, dated February 22, 1989, Plaintiffs-Respondents, Cross-Appellants, v. Michael J. MURPHY; Jeray A. Holmes and Carolyn R. Holmes, husband and wife; William C. Higdon and Terry Higdon, husband and wife; Elmar Grabher and Rigmore Grabher, husband and wife, Defendants-Appellants, Cross-Respondents.

Supreme Court of Idaho, Boise.

April 4, 1994.

Attorney(s) appearing for the Case

Luboviski, Wygle, Fallowfield & Williamson, P.A., Ketchum, for defendants-appellants, cross-respondents. Janet Wygle, argued.

Kneeland, Korb, Collier, Legg & Haukaas, Ketchum, for plaintiffs-respondents, cross-appellants, Bruce J. Collier, argued.

TROUT, Justice.

This case involves residential real property located in Ketchum, Idaho and certain recorded restrictions related to it, specifically, whether the restrictions preclude further subdividing of the property and whether, prior to January 1, 1995, these restrictions can be amended by less than unanimous vote of the property owners. Also at issue is whether a non-prevailing party can be awarded costs and fees based on a provision in the recorded restrictions...

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