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HARDY v. PHELPS

Docket No. 45933.

443 P.3d 151 (2019)

Jeffrey T. HARDY and Johnna A. Hardy, husband and wife, Plaintiffs-Counterdefendants-Respondents, v. Ronald O. PHELPS and Donna J. Phelps, Husband and Wife; Ronald O. Phelps and Donna J. Phelps, Trustees of the Phelps Family Trust u/d/t/ September 16, 2004; and Does I-X as individuals with interest in real property located in Boise County, Idaho, legally described as Lots 26 and 27 of Mores Creek Heights, according to the plat thereof, recorded as Instrument No. 95549, records of Boise County, Idaho, Defendants-Counterclaimants-Appellants. Ronald O. Phelps and Donna J. Phelps, Husband and Wife; Ronald O. Phelps and Donna J. Phelps, Trustees of the Phelps Family Trust u/d/t/ September 16, 2004; and Does I-X as individuals with interest in real property located in Boise County, Idaho, legally described as Lots 26 and 27 of Mores Creek Heights, according to the plat thereof, recorded as Instrument No. 95549, records of Boise County, Idaho, Cross Claimants-Appellants, v. Boise County, a political subdivision of the State of Idaho, and John and John Doe I through X, whose true identities are unknown, Cross Defendant-Respondent.

Supreme Court of Idaho, Boise, April 2019 Term.

Opinion Filed: May 20, 2019.

Attorney(s) appearing for the Case

Johnson & Monteleone, L.L.P., Boise, attorney for Appellants. D. Samuel Johnson argued.

Jones, Gledhill, Fuhrman, Gourley, P.A., Boise, attorneys for Counter-defendants and Respondents Hardy. Chad E. Bernards argued.

Borton-Lakey Law & Policy, Meridian, attorneys for Cross-defendants and Respondents Boise County. Joseph W. Borton argued.

I. NATURE OF THE CASE

Jeffrey and Johnna Hardy ("the Hardys") purchased two properties at a tax sale and brought action to quiet title against the original owners, Ronald and Donna Phelps ("the Phelpses"). The Phelpses counterclaimed against the Hardys and cross-claimed against Boise County, alleging that Boise County failed...

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