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MILLER v. SIMONSON

No. 28537.

92 P.3d 537 (2004)

140 Idaho 287

Katherine M. MILLER, a single woman, Plaintiff-Appellant, v. Rita SIMONSON, a single woman; and Judy C. Simonson, a single woman, Defendants-Respondents.

Supreme Court of Idaho, Boise, March 2004 Term.

June 24, 2004.

Attorney(s) appearing for the Case

Hawley Troxell Ennis & Hawley LLP, Boise, for appellant. Lynnette M. Davis argued.

Rigby Thatcher Andrus Rigby Kam & Moeller, Chartered, Rexburg, for respondents. Gregory W. Moeller argued.

TROUT, Chief Justice.

Appellant Katherine Miller (Miller) appeals the district court's grant of partial summary judgment in favor of Respondents Rita and Judy Simonson (the Simonsons), finding that Miller had constructive notice of the Covenants, Conditions and Restrictions (CC & R's) placed upon a ten-acre tract of land she purchased in Teton County in 1997. Miller appeals the district court's determination on the basis that she had no actual notice of the CC...

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