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ADAMS v. KIMBERLEY ONE TOWNHOUSE OWNER'S

No. 42192.

352 P.3d 492 (2015)

Virgil ADAMS, Plaintiff-Appellant, v. KIMBERLEY ONE TOWNHOUSE OWNER'S ASSOCIATION, INC., an Idaho corporation; Richard Morgan, Anthony Damer, Joanne Springer, Jim Greer, Jon Martin, Anne Hay, David Ricks, Doug McWhorter, Cara Brown, Bob Hay, Pam Harder, and Ken Dunbar, members of the Board of Directors of Kimberley One Townhouse Owner's Association, Inc., Defendants-Respondents.

Supreme Court of Idaho, Boise, June 2015 Term.

Rehearing Denied July 28, 2015.

Attorney(s) appearing for the Case

Trout Law, PLLC, Boise, for appellant. Kim J. Trout argued.

Anderson, Julian & Hull, LLP, Boise, for respondents. Phillip J. Collaer argued.

Virgil Adams appeals the district court's order granting summary judgment in favor of Kimberley One Townhouse Owner's Association, Inc. (Association). Adams purchased a townhouse, subject to a declaration of covenants, conditions, and restrictions (1980 Declaration) that did not specifically restrict an owner's ability to lease...

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