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WEISEL v. BEAVER SPRINGS OWNERS ASS'N, INC.

No. 37800.

272 P.3d 491 (2012)

Thomas WEISEL, a married man dealing in his sole and separate property, Plaintiff-Appellant, v. BEAVER SPRINGS OWNERS ASSOCIATION, INC., an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho, Twin Falls, November 2011 Term.

March 1, 2012.

Attorney(s) appearing for the Case

Haemmerle & Haemmerle, P.L.L.C., Hailey, for appellant. Fritz Haemmerle argued.

Lawson Laski Clark & Pogue, PLLC, Ketchum, for respondent. Erin F. Clark argued.

HORTON, Justice.

Thomas Weisel (Weisel) owned adjacent parcels, Lots 13 and 14, within the Beaver Springs Subdivision, now located in Ketchum, Idaho. In 1983, Weisel presented a development plan and request to unify his adjacent lots to the Beaver Springs Owners Association (Beaver Springs). At some point, Weisel's plan indicated that he intended that construction would occur within a setback zone that abutted the lots' shared border. Weisel and Beaver Springs executed...

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