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BROWN v. PERKINS

No. 21517.

923 P.2d 434 (1996)

129 Idaho 189

Booker BROWN and Pamela J. Selland-Brown, husband and wife, Plaintiff-Appellant, v. John H. PERKINS and Carol J. Perkins, husband and wife, and Andrew B. Artis and Julie J. Artis, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Boise, March 1996 Term.

Rehearing Denied October 2, 1996.

Attorney(s) appearing for the Case

Orndorff & Trout, Boise, for appellant. Kim J. Trout argued, Boise.

Eberle, Berlin, Kading, Turnbow & McKlveen, Chtd., Boise, for respondents. Stephen J. Bradbury argued, Boise.

McDEVITT, Chief Justice.

This is an action seeking the enforcement of restrictive covenants applicable to a residential subdivision.

I.

BACKGROUND

The following facts are not in dispute. Appellants, Booker Brown and Pamela J. Selland-Brown (the Browns), and respondents, Andrew B. Artis and Julie J. Artis (the Artises) own adjacent lots in the Trolley Estate Subdivision (the Subdivision), in Ada County. The Browns own lot 27, and the Artises...

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