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IDAHO DEV'T v. TETON VIEW GOLF ESTATES

No. 37771.

272 P.3d 373 (2011)

IDAHO DEVELOPMENT, LLC, a Utah limited liability company, Plaintiff-Appellant, v. TETON VIEW GOLF ESTATES, LLC, a Utah limited liability company; Amerititle Company; ZBS, LLC., an Idaho limited liability company; DePatco, Inc., an Idaho corporation; Schiess & Associates, P.C., an Idaho professional corporation, Defendants-Respondents, and Rothchild Properties, LLC, a Utah limited liability company; Western Equity, LLC, a Utah limited liability company; HD Supply Waterworks, Ltd.; Does 1-3, and All Persons in Possession of Real Property Described Herein, Defendants.

Supreme Court of Idaho, Pocatello, August 2011 Term.

Rehearing Denied December 29, 2011.

Attorney(s) appearing for the Case

Alan R. Harrison , Idaho Falls, for appellant.

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for respondent ZBS. Karl R. Decker argued.

Fuller & Carr, Idaho Falls, for respondent DePatco, Inc. Mark Fuller argued.

Beard, St. Clair, Gaffney, P.A., Idaho Falls, for respondent Schiess & Associates.

SUBSTITUTE OPINION.

THE COURT'S PRIOR OPINION DATED NOVEMBER 3, 2011 IS HEREBY WITHDRAWN

W. JONES, Justice.

I. NATURE OF THE CASE

Idaho Development, LLC ("Idaho Development") advanced $1,100,000.00 to Teton View Golf Estates, LLC ("Teton View"), a joint venture made up of Idaho Development as a 33.3% owner and Rothchild Properties, LLC as a 66.7% owner. Teton View granted Idaho Development a promissory note secured by a deed of trust...

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