WEST WOOD INVESTMENTS, INC. v. ACORD

No. 29779.

106 P.3d 401 (2005)

141 Idaho 75

WEST WOOD INVESTMENTS, INC., a Washington corporation, Plaintiff-Appellant-Cross Respondent, v. Glenn D. ACORD and Elizabeth D. Acord, husband and wife; Robert E. Alderson and Janell J. Alderson, husband and wife; John E. Almerico and Antoinette M. Almerico, husband and wife; Donald R. Andrews, Sr. and Joyce B. Andrews, husband and wife; The Jeffrey P. Baker Trust, Jeffrey P. Baker, Trustee; Dale L. Beck and Sandra S. Beck Revocable Living Trust, Dale L. Beck and Sandra S. Beck, Trustees; William C. Bostrom Qualified Personal Residence Trust Agreement, William C. Bostrom, Trustee; Melinda K. Bowman, a single person; Karin L. Brier, a single person; Robert F. Broyles and Marsha R. Broyles, husband and wife; The Living Trust of James A. Clark and Doreen M. Clark, James A. Clark and Doreen M. Clark, Trustees; Rosemarie Conklin Trust; Rosemarie Conklin, Trustee; Allen B. Davis and Joyce S. Davis, husband and wife; Mike Divito, a single man, Mary Louise Divito and John Doe Divito, husband and wife; Roswell F. Doty, Sr., a single person; Arthur J. Maruno, a single person; Walter S. Aman and Ruby M. Aman, husband and wife; Eleanor Fahrenwald Amended 1980 Revocable Trust; Donald Frederick Miller and Jung Won Miller, husband and wife; Peter J. Ficalora and Mary Lou Ficalora, husband and wife; Oren L. Flolo and Charlene H. Flolo (a/k/a Sharlene H. Flolo), husband and wife; Howard W. Froman and Norma J. Froman, husband and wife; G.W. Gregory and Patrice D. Gregory, husband and wife; Mark T. Kinley, a single person; William P. Werschler and Kara Werschler, husband and wife; James and Patricia Kryger Living Trust, Eugene Arthur Kryger and Patricia Lynn Kryger, Trustees; Robert A. Magonigle and Barbara G. Magonigle (a/k/a Barbara B. Magonigle), husband and wife; Trust "A" of the Burgess and Virginia Mc Donald Family Trust, Virginia S. Mc Donald, Trustee; Trust "B" of the Burgess and Virginia Mc Donald Family Trust, Virginia S. Mc Donald, Trustee; The Mc Manus Family Revocable Trust Declaration, George E. Mc Manus and Theresa Ann Mc Manus, Trustees; Paul R. Nolan and Donna M. Nolan, husband and wife; John O. Nord and Angeline M. Nord (a/k/a Angelina M. Nord), husband and wife; Glenn B. Owen and Sandra M. Owen, husband and wife; William P. Owen and Dulcy L. Owen, husband and wife; William T. Pochis and Jan M. Pochis, husband and wife; Joseph R. Rimsa and Lisa K. Rimsa, husband and wife; Joseph R. Schwehr and Dianne R. Schwehr (a/k/a Diane R. Schwehr), who are married to each other; The Shortridge Family Trust, Charles R. Shortridge and Helen M. Shortridge, Trustees; Christopher H. Nienstedt, a married man as his sole and separate property; M. Elaine Szanto, a married woman as her sole and separate property; Stanley A. Toelle and Beverly J. Toelle, husband and wife; Danielson Revocable Family Trust; Dale L. Van Zandt, an unmarried man; Elizabeth M. Flaherty, an unmarried woman; James Peter Winter and Christine Marie Winter, who are married to each other; Ray L. Shulund (a/k/a Ray L. Shuland) and Amy M. Shulund (a/k/a Amy M. Shuland), husband and wife; Ben and Joan Costantino Revocable Trust (a/k/a Ben and Joan Costantino Revocable Trust), Ben B. Costantino and Joan C. Costantino, Trustees; Federal Home Loan Mortgage Corporation; Larry D. Large, a single man; Diane K. Brooke and Joseph T. Walsh, husband and wife; Engene M. Smith and Betty L. Smith, husband and wife; Wang Living Trust, Chung-Chi Wang and Mei-Ein Wang, Trustees; Max J. Kuney, III and Shelly A. Kuney, husband and wife; Drennon L. Adams and Gloria J. Adams, husband and wife; George Laiblin and Carolyn Laiblin, husband and wife; Wesley L. Delaney and Margaret E. Delaney, husband and wife; Robert H. Fredricks and Betty J. Fredricks, husband and wife; Kenneth A. Thomas and Judith L. Thomas, husband and wife; Worldmark, The Club, a California non-profit mutual benefit corporation; Arrow Point Development Company, Inc., an Idaho corporation; Arrow Point Community Association, Inc., an Idaho non-profit corporation; Trendwest Resorts, Inc., an Oregon corporation; and John and Jane Does 1-100, and any other persons who claim interest in and to the real property described in Exhibit "1", Defendants-Third Party Plaintiffs-Cross Respondents-Cross Appellants, and Arrow Point Village/Building A Association Inc., an Idaho non-profit corporation; Arrow Point Village/ Building B Association Inc., an Idaho non-profit corporation; Arrow Point Village/Building C Association Inc., an Idaho non-profit corporation; Arrow Point Village/Building D Association Inc., an Idaho non-profit corporation; Arrow Point Village Building F Association Inc., an Idaho non-profit corporation, Third-Party Plaintiffs-Respondents-Cross Appellants, v. Fortress, LLC, an Idaho limited liability company; West Wood Investments, Inc., a Washington corporation, Third-Party Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 2004 Term.

January 28, 2005.


Attorney(s) appearing for the Case

Robert J. Fasnacht, P.C., Coeur d'Alene; Karr Tuttle Campbell, Seattle, WA, for appellants. Walter E. Barton argued.

Davison, Copple, Copple & Cox, Boise; Jones Gladhill Hess Fuhrman, Boise, for respondents. Terry C. Copple argued.


KIDWELL, Justice Pro Tem.

This is an appeal from a judgment and decree of foreclosure following a bench trial. The property at issue was part of a condominium project located along Coeur d'Alene Lake. The district court granted foreclosure on the real property at issue, but found equitable servitudes had been created and would run with the property. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

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