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HARDY v. McGILL

No. 26993.

47 P.3d 1250 (2002)

137 Idaho 280

Patricia R. McGill HARDY, Plaintiff-Respondent, v. Michael N. McGILL and Donna M. Valdez, Defendants-Appellants. and Harry Hanson, David Echevarria, The Turf Club, a limited partnership, Alloway Electric Company, Inc., Myrtle A. Baldwin Hanson, State of Idaho, ex rel., Industrial Commission, Park, Costello & Burkett, a partnership, Idaho State Tax Commission, Central Paving, Inc., an Idaho corporation, Martin F. Ward, and all other persons, known or unknown, claiming any right, title, estate, lien or interest in the real property described in this complaint and more commonly known as "The Turf Club" in Garden City, Idaho: adverse to Plaintiff's ownership or interest thereto, Defendants-Respondents.

Supreme Court of Idaho, Boise, February 2002 Term.

February 23, 2002.

Attorney(s) appearing for the Case

Vernon K. Smith, Boise, argued for appellants.

Ringert, Clark Chtd., Boise, for respondent Hardy. Joseph B. Jones argued.

Gordon Law Offices and Huntley, Park, Thomas, Burkett, Olsen & Williams, Boise, for respondent Hanson (see note below). Phillip H. Gordon and W. Anthony Park argued.

WALTERS, Justice.

This is a dispute between parties to a real estate purchase contract. The appeal arises following the district court's grant of Harry Hanson's motion for summary judgment and a partial grant of Patricia Hardy's motion for summary judgment. The district court found that the payment of delinquent taxes by Michael McGill and Patricia Valdez ("Appellants") erased a tax controversy and that the Appellants must still abide by the contract of sale. The...

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