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SUN VALLEY LAND AND MINERALS v. HAWKES

No. 27528.

66 P.3d 798 (2003)

138 Idaho 543

SUN VALLEY LAND AND MINERALS, INC., an Idaho Corporation; and Donna R. Kelsey, an individual, Plaintiffs-Counterdefendants-Respondents, v. Glen and Viola HAWKES, as Trustees of the Glen and Viola Hawkes Family Trust; Denise Bean; Dennis A. and Faye H. Dixon, as Trustees of the Dennis and Faye Dixon Family Trust; and Lee and Barbara Morgan, Defendants-Counterclaimants-Appellants.

Supreme Court of Idaho, Twin Falls, November 2002, Term.

Rehearing Denied April 10, 2003.

Attorney(s) appearing for the Case

Parsons, Smith & Stone, Burley, for appellants. Richard K. Smith argued.

Lawson & Laski, PLLC, Ketchum, for respondents. Edward A. Lawson argued.

TROUT, Chief Justice.

This is a quiet title action to determine whether the appellant lot owners have property rights in a 240-acre tract of land in Blaine County by virtue of a subdivision plat and declaration of covenants, conditions, and restrictions for a failed subdivision recorded after a blanket mortgage had been recorded on the same property.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In the mid-1970's, developer Patrick Ryan (Ryan),...

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