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PONDEROSA HOMESITE LOT OWNERS v. GARFIELD BAY RESORT INC.

No. 31945.

146 P.3d 673 (2006)

PONDEROSA HOMESITE LOT OWNERS, Plaintiff, and Harry Peterson and Margaret Peterson, Husband and Wife; Ralph Stalsberg and Ruth Stalsberg, Husband and Wife, Plaintiffs-Counterdefendants, 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-Counter-claimants-Respondents, and John Does 1 through 10, being officers and director's of Garfield Bay Resort, Inc., Defendants.

Supreme Court of Idaho, Boise, September 2006 Term

October 25, 2006.

Attorney(s) appearing for the Case

Tevis W. Hull, Sandpoint, for appellants.

James H. Paulsen, Sandpoint, for respondents.

BURDICK, Justice.

This case comes to the Court once again for a determination of who owns the "lake access" area found in the Ponderosa Home Sites Subdivision (PHS) in Bonner County, Idaho. After remand, the district court determined Rita S. Walker Thayer (Thayer) owned the "lake access," subject to a perpetual easement granted to the PHS lot owners. Clifford and Steve Dove (Dove) appeal this decision.1

I. FACTUAL AND PROCEDURAL...

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