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

No. 31185.

136 P.3d 332 (2006)

142 Idaho 861

MOUNTAINVIEW LANDOWNERS CO-OPERATIVE ASSOCIATION, INC., a non-profit corporation, Plaintiff-Counterdefendant-Respondent, and Donald N. Nepean and Haleen Nepean, husband and wife, Plaintiffs, v. Dr. James COOL, D.D.S., and Synthia Cool, husband and wife, Defendants-Counterclaimants-Appellants.

Supreme Court of Idaho, Coeur d'Alene, April 2006 Term.

May 3, 2006.

Attorney(s) appearing for the Case

Preston, Gates & Ellis, Coeur d'Alene, for appellants. Todd Reuter argued.

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

BURDICK, Justice.

Dr. James and Synthia Cool (the Cools) appeal to the Idaho Supreme Court from a district court judgment setting out how members of the Mountain View Landowners Cooperative Association, Inc. (the Association) may use a beach (the beach) on land owned by the Cools.

I. FACTUAL AND PROCEDURAL BACKGROUND

The properties held by the Cools and the members of the Association were once part of a single tract of land on the shore of Priest...

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