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HOFFER v. CALLISTER

No. 27077.

47 P.3d 1261 (2002)

137 Idaho 291

Randy L. HOFFER, Plaintiff-Appellant, v. David CALLISTER and Becky Callister, husband and wife; Scott Stewart and Sandra G. Stewart, husband and wife; and Judith E. Wilson, an individual, Defendants-Respondents. Scott Stewart and Sandra G. Stewart, husband and wife, Counterclaimants, v. Randy L. Hoffer, Counterdefendant. Judith E. Allen, formerly known as Judith E. Wilson, an individual, Counterclaimaint, v. Randy L. Hoffer, Counterdefendant. Judith E. Allen, formerly known as Judith E. Wilson, Cross Claimant, v. David Callister and Becky Callister, husband and wife; Scott Stewart and Sandra G. Stewart, husband and wife, Cross Defendants. Judith E. Allen, formerly known as Judith E. Wilson, an individual, Third Party Plaintiff, v. Richard N. Child, Barbara V. Child and Does 1 through 10, Third Party Defendants.

Supreme Court of Idaho, Boise, January 2002 Term.

Rehearing Denied June 13, 2002.

Attorney(s) appearing for the Case

Marcus, Merrick, Montgomery, Christian & Hardee, LLP, Boise, for appellant. Barry L. Marcus argued.

Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, for respondents Callisters and Stewarts. C. Clayton Gill argued.

Michael R. Jones, Boise, for respondent Judith E. Allen, formerly known as Judith E. Wilson. Michael R. Jones argued.

KIDWELL, Justice.

This dispute calls for this Court to determine whether zoning violations, if proven, may constitute encumbrances on the title to real property. Randy L. Hoffer (Hoffer) brought this claim for damages against David and Becky Callister and Scott and Sandra G. Stewart (Callister and Stewart), who sold property to him, and Defendant Judith E. Allen, formerly known as Judith E. Wilson (Wilson), Callister and Stewart's predecessor, for breach of contract...

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