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NEZ PERCE TRIBE v. LITTLE HOPE INVESTMENTS

No. 29287.

91 P.3d 1123 (2004)

140 Idaho 219

NEZ PERCE TRIBE, Plaintiff-Respondent, v. LITTLE HOPE INVESTMENTS, L.L.C., Defendant-Appellant, and Michael Axtell, Esther Axtell, and the Unknown Owners of the following real property described with particularity in the Nez Perce County Sheriff's Deed attached as Exhibit A, Defendants. Little Hope Investments, L.L.C., an Idaho limited liability company, Third Party Plaintiff-Appellant, v. Randy Kingsbury, Sheriff of Nez Perce County, Idaho, and Nez Perce County, Idaho, Third Party Defendants-Respondents.

Supreme Court of Idaho, Boise, April 2004 Term.

May 21, 2004.

Attorney(s) appearing for the Case

Jack L. Curtin, Juliaetta, argued for appellant.

Clements, Brown & McNichols, Lewiston, for respondents Nez Perce County. Bentley G. Stromberg argued.

David J. Cummings and Julie S. Kane, Lapwai, for respondents Nez Perce Tribe. David J. Cummings argued.

BURDICK, Justice.

FACTS AND PROCEDURAL BACKGROUND

Michael and Esther Axtell, husband and wife, the owners of real property located in Nez Perce County, obtained a loan from Beneficial Mortgage Company of Idaho in February 1997. The loan documents described the property as three separate parcels, although the Axtells' 1996 survey that was recorded with the Nez Perce County Recorder's Office divided the property into (1) a one-acre parcel and (2) Tract A,...

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