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BIRDWOOD v. BULOTTI CONST.

No. 33391.

175 P.3d 179 (2007)

BIRDWOOD SUBDIVISION HOMEOWNERS' ASSOCIATION, INC., an Idaho nonprofit corporation, and Amy C. Browning, individually, and as co-trustee of the Amy G. Browning Revocable Trust dated July 8, 2005, Plaintiffs-Counterdefendants-Appellants, v. BULOTTI CONSTRUCTION, INC., an Idaho corporation, Defendant-Counterclaimant-Respondent.

Supreme Court of Idaho, Twin Falls, November 2007 Term.

December 24, 2007.

Attorney(s) appearing for the Case

John A. Seiller, IV, Ketchum, for appellant.

Robertson & Slette, PLLC, Twin Falls, for respondent. Gary D. Slette argued.

EISMANN, Chief Justice.

This is an appeal from a summary judgment holding that recorded restrictive covenants which were not signed by the owner of a platted subdivision, or the owner's agent, do not bind the subsequent purchaser of a lot in the subdivision. We affirm the judgment of the district court and award attorney fees on appeal.

I. FACTS AND PROCEDURAL HISTORY

In 1979, W. Pauline Bird (Bird) acquired title to certain real property located...

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