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JACKLIN LAND CO. v. BLUE DOG RV, INC.

No. 37076.

254 P.3d 1238 (2011)

JACKLIN LAND COMPANY, an Idaho limited partnership, Plaintiff-Respondent, v. BLUE DOG RV, INC., an Idaho corporation; The Patterson Family 2000 Trust Created U/T/A Dated February 25, 2000; Gaylen C. Patterson, Trustee; The Branagh Family 2000 Trust Created U/T/A Daged January 13, 2000; John A Branagh Trustee; KL Properties, Inc., a California corporation; Richard A. Cordes and Suzanne M. Cordes, husband and wife; David Barnes and Michelle Barnes, husband and wife; Gary L. Patterson and Elizabeth Patterson, husband and wife; Phillip J. Dion and Kimberly L. Dion, husband and wife; and Andrew J. Branagh and Anne C. Branagh, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, June 2011 Term.

June 29, 2011.

Attorney(s) appearing for the Case

Michael J. Hines , Lukins & Annis, P.S., Spokane, Washington, argued for appellants.

John F. Magnuson , Coeur d'Alene, argued for respondent.

EISMANN, Chief Justice.

This is an appeal from a summary judgment holding that the defendants violated restrictive covenants in a commercial development. Because the district court misapplied the applicable law, we vacate the judgment.

I.

Factual Background

Jacklin Land Company (Jacklin) owned real property near Interstate 90 in Post Falls that it developed into a commercial, professional...

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