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PONDEROSA HOME SITE LOT OWNERS v. GARFIELD BAY RESORT, INC.

No. 27807.

85 P.3d 675 (2004)

139 Idaho 699

PONDEROSA HOME SITE LOT OWNERS, Plaintiff, and Harry Peterson and Margaret Peterson, husband and wife, Plaintiffs-Counterdefendants, and Ralph Stalsberg and Ruth Stalsberg, husband and wife; and Clifford Dove and Steve Dove, Plaintiffs-Counterdefendants-Appellants, v. GARFIELD BAY RESORT, INC.; Verl E.Thayer and Rita S. Walker Thayer, husband and wife, Defendants-Counterclaimants-Respondents, and John Doe 1 through 10, being officers and directors of Garfield Bay Resort, Inc., Defendants-Respondents. Carol Randolph, Plaintiff, v. Rita S. Walker Thayer, Verl E. Thayer, Garfield Bay Resort, Inc., Defendants-Counterclaimants-Third Party Plaintiffs-Respondents, and Jane Doe Dove I, Jane Doe Dove II, Harry Peterson, Margaret Peterson, The Estate of Harry Peterson, Defendants, and Steve Dove, Cliff Dove, Ralph Stalsberg, Ruth Stalsberg, Defendants-Appellants. Rita S. Walker Thayer, Verl E. Thayer and Garfield Bay Resort, Inc., Counterclaimants-Third Party Plaintiffs-Respondents, v. Carol Randolph, Virginia (MC Williams) Frisbie, Orveline Mary (MC Williams) Frisbie, and Lola (MC Williams) Newlin, Counterdefendants-Third Party Defendants.

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

February 11, 2004.

Attorney(s) appearing for the Case

Tevis W. Hull, Sandpoint, for appellants.

James H. Paulsen, Sandpoint, for respondents.

KIDWELL, Justice.

This matter arose out of a dispute between the Plaintiff and the Defendant, relating to the ownership, control, and use of the "lake access" area found in the Ponderosa Home Sites Subdivision (PHS) located in Bonner County. At trial, the district court determined the public owned the "lake access" in the PHS. Plaintiff Stalsberg et al., the Appellant, seeks review of the district court's decision by this Court.

I.

FACTUAL AND PROCEDURAL...

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