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MARKSTEIN v. COUNTRYSIDE I, L.L.C.

No. 02-214.

77 P.3d 389 (2003)

2003 WY 122

Kenneth W. MARKSTEIN and Carole Markstein, Appellants (Plaintiffs), v. COUNTRYSIDE I, L.L.C., a Wyoming limited liability company; Countryside, L.L.C., a Wyoming limited liability company; John C. Thornton; Thunder Holdings, LLC, a Wyoming limited liability company; Finis F. Connor and Julie A. Connor, as Trustees of the Connor Family Trust; John R. Tozzi and Georgene M. Tozzi, as Trustees of the Tozzi Family Trust; Kenneth H. Taylor, Jr., as Trustee of the Agreement of Trust of Kenneth H. Taylor, Jr.; G. Dorros Family Limited Partnership, a Wisconsin limited partnership; Targhee Pines, L.C., an Idaho limited liability company; Joseph Kraus, IV; The Jackson Hole Land Trust, a Wyoming non-profit corporation; and LaSalle Bank National Association, an Illinois banking association, Appellees (Defendants).

Supreme Court of Wyoming.

Rehearing Denied October 21, 2003.

Attorney(s) appearing for the Case

Representing Appellants: R. Michael Mullikin and Carolyn L. Null-Anderson of Mullikin, Larson & Swift, Jackson, WY; and Harvey S. Schochet, and Andrew A. Bassak of Steefel, Levitt & Weiss, San Francisco, CA. Argument by Messrs. Mullikin and Schochet.

Representing Appellees: David F. DeFazio of DeFazio Law Office, Jackson, WY; Gerald R. Mason of Mason & Mason, PC, Pinedale, WY; Bret F. King of King & King, Jackson, WY; Peter J. Young of Schwartz, Bon, Walker & Studer, LLC, Casper, WY; and Joe M. Teig of Holland & Hart, Jackson, WY. Argument by Messrs. Mason and De-Fazio.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

LEHMAN, Justice.

[¶ 1] This is an appeal from summary judgment granted against appellants Kenneth W. Markstein and Carole Markstein (collectively the Marksteins) in an action concerning fishing and club use rights granted along the Snake River near Wilson, Wyoming. We affirm in part, reverse in part, and remand.

ISSUES

[¶ 2] The Marksteins set forth very lengthy and broadly stated issues on appeal that may be summarized as follows...

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