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SKY CANYON PROP'S v. BLACK ROCK GOLF CLUB

No. 39831.

315 P.3d 792 (2013)

SKY CANYON PROPERTIES, LLC, an Idaho limited liability company; Robert C. Samuel; Joe K. Donald and Lisbeth Lillemore Donald, husband and wife; Wayne A. Gianotti and Carolyn M. Gianotti, husband and wife; Russell M. Wicks and Evelyn L. Wicks, husband and wife; Buddy C. Stanley and Judith L. Stanley, Trustees of the Stanley Family Trust dated February 26, 2004; Craig R. Fallon and M. Ellen Fallon, husband and wife, v. THE GOLF CLUB AT BLACK ROCK, LLC, an Idaho limited liability company, Defendant-Respondent.

Supreme Court of Idaho, Coeur d'Alene, September 2013 Term.

November 26, 2013.

Attorney(s) appearing for the Case

Mischelle R. Fulgham , Lukins & Annis, Coeur d'Alene, argued for appellants.

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

EISMANN, Justice.

This is an appeal out of Kootenai County regarding the interpretation of covenants, conditions, and restrictions for a subdivision. We reverse the judgment of the district court and award the appellants attorney fees on appeal.

I.

Factual Background.

Black Rock Development, Inc., an Idaho corporation, developed a planned unit development consisting of residential homes and a golf course on the shore of Lake Coeur d'Alene...

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