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PINEHAVEN PLANNING BD. v. BROOKS

No. 27751.

70 P.3d 664 (2003)

138 Idaho 826

PINEHAVEN PLANNING BOARD, Plaintiff-Respondent, v. Thomas J. BROOKS and Jennifer Brooks, Defendants-Appellants.

Supreme Court of Idaho, Idaho Falls, September 2002 Term.

Rehearing Denied May 27, 2003.

Attorney(s) appearing for the Case

Howard Lopez & Kelly, PLLC, Boise, for appellants. Michael E. Kelly argued.

Hinman Law Offices, Idaho Falls, for respondent. Margaret B. Hinman argued.

TROUT, Chief Justice.

Appellants, Thomas J. and Jennifer Brooks (the "Brooks"), appeal from an order of summary judgment (1) declaring the short-term rental of their cabin in the Pinehaven Subdivision ("Subdivision") in Island Park, Idaho a violation of the Subdivision's restrictive covenants ("Covenants") and (2) permanently enjoining the Brooks from renting and listing the residence for short-term use.

I.

FACTUAL AND PROCEDURAL HISTORY

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