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WATKINS CO., LLC v. STORMS

No. 37685.

272 P.3d 503 (2012)

The WATKINS COMPANY, LLC, an Idaho limited liability company, Plaintiff/Respondent/Cross-Appellant, v. Michael STORMS and Kathy Burggraf, Defendants/Appellants/Cross-Respondents.

Supreme Court of Idaho, Boise, February 2012 Term.

Rehearing Denied April 5, 2012.

Attorney(s) appearing for the Case

Cox, Ohman & Brandstetter, Chartered, Idaho Falls, for appellant. Dean C. Brandstetter argued for appellants/cross-respondents Michael Storms and Kathy Burggraf .

Smith, Driscoll & Associates, PLLC, Idaho Falls, for respondent. B.J. Driscoll argued for respondent/cross-appellant The Watkins Company, LLC.

BURDICK, Chief Justice.

This case concerns a commercial lease between Michael Storms and Kathy Burggraf and the Watkins Company, LLC's predecessor in interest, Watkins and Watkins for a restaurant and microbrewery in Idaho Falls, Idaho. Watkins filed a lawsuit seeking to enforce the lease after Storms and Burggraf failed to timely pay the rent. The issues were tried before the district court, which found that Storms and Burggraf had materially breached the lease and...

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