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ALLEN v. BLAINE COUNTY

No. 23218.

953 P.2d 578 (1998)

131 Idaho 138

K. Glen ALLEN and Louise O. Allen, husband and wife, Plaintiffs-Appellants, v. BLAINE COUNTY, a body politic and corporate of the State of Idaho, and the Board of County Commissioners of Blaine County, Defendants-Respondents.

Supreme Court of Idaho, Pocatello, September 1997 Term.

February 4, 1998.

Attorney(s) appearing for the Case

Clinton E. Jacob and James L. Kennedy, Jr., Ketchum, for plaintiffs-appellants. James L. Kennedy, Jr. argued.

Douglas A. Werth, Blaine County Prosecuting Attorney, Hailey, for defendants-respondents. Douglas A. Werth argued.

SCHROEDER, Justice.

Glen and Louise Allen (the Allens) appeal from the decision of the district court granting summary judgment in favor of Blaine County and the Board of County Commissioners (County) holding: (1) that the term "owner," as used in Idaho's platting statutes, does not include a leasehold interest, and (2) that, therefore, Blaine County can enforce restrictions in a subdivision plat recorded by the title owners of the real property despite the fact that...

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