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MOUNTAINVIEW LANDOWNERS CO-OP. ASSOCIATION, INC. v. DR. JAMES COOL

No. 28762.

86 P.3d 484 (2004)

139 Idaho 770

MOUNTAINVIEW LANDOWNERS CO-OPERATIVE ASSOCIATION, INC., an Idaho non-profit corporation; Donald N. Nepean and Haleen Nepean, husband and wife, Plaintiffs-Respondents, v. DR. JAMES COOL, D.D.S. and Synthia Cool, husband and wife, Defendants-Appellants. Dr. James Cool, D.D.S. and Synthia Cool, husband and wife, Counterclaimants-Appellants, v. Mountainview Landowners Cooperative Association, Inc., an Idaho non-profit corporation, Counterdefendant-Respondent.

Supreme Court of Idaho, Coeur d' Alene, October 2003 Term.

February 26, 2004.

Attorney(s) appearing for the Case

Preston, Gates & Ellis, LLP, Coeur d'Alene, for appellants. Joseph T. Reuter argued.

William F. Boyd, Coeur d'Alene, for respondents. William F. Boyd argued.

KIDWELL, Justice.

James and Synthia Cool, (Appellants) husband and wife, appeal the district court's interpretation of the "Use Agreement" which grants Mountain View Landowners Cooperative Association, Inc., (Respondent) an easement to use Appellants' Priest Lake property for swimming and boating, a boat launch, and for parking. The Appellants seek review by this Court regarding the district court's holdings.

I.

FACTUAL AND PROCEDURAL BACKGROUND...

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