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SUN VALLEY HOT SPRINGS RANCH v. KELSEY

No. 23629.

962 P.2d 1041 (1998)

131 Idaho 657

SUN VALLEY HOT SPRINGS RANCH, INC., an Idaho corporation, Plaintiff-Appellant-Cross Respondent, v. Donna R. KELSEY and Sun Valley Land and Minerals, Inc., an Idaho corporation, Defendants-Respondents-Cross Appellants,

Supreme Court of Idaho, Boise, March 1998 Term.

July 23, 1998.

Attorney(s) appearing for the Case

Roger E. Crist, Ketchum, for Appellant.

Hawley, Troxell, Ennis & Hawley, Ketchum, for Respondents. Edward A. Lawson argued.

SCHROEDER, Justice.

This is a declaratory judgment action to determine ownership rights in common areas and access easement rights allegedly created pursuant to a subdivision plat and declaration of covenants, conditions and restrictions recorded by a subdivision developer.

I.

BACKGROUND AND PRIOR PROCEEDINGS

Clarendon Hot Springs Ranch, Inc. (Clarendon) owned a 320-acre tract of land near Clarendon...

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