FLETCHER v. LONE MOUNTAIN ROAD ASSOCIATION

Docket No. 46099.

452 P.3d 802 (2019)

Rocky W. FLETCHER and Delores L. Fletcher, husband and wife, Plaintiffs-Appellants, v. LONE MOUNTAIN ROAD ASSOCIATION, an Idaho unincorporated non-profit association; Alan K. Sims, an individual; Lou Ann Stamp, an individual; Eugene DePaulis, an individual; Thomas D. Valenzuela, an individual; Roy Stults and Marilyn Stults, husband and wife; Andrew J. Ponder and Darcy Ponder, husband and wife; Robert L. Imperatrice and Jean Imperatrice, husband and wife, Defendants-Respondents, and Douglas B. Grant and Jane Doe Grant, husband and wife; CCM, LLC, an Idaho Limited Liability Company; Brian Reed, an individual; Rick M. Piccinini, an individual; Edward J. Sitar, an individual; Kathleen Stone, an individual; Linda D. Sutliff, an individual; Rawland L. Ahlman, an individual; Rawland L. Ahlman, Trustee of the Rawland L. Ahlman Living Trust and Cheryl A. Wilson, Trustee of the Norma A. Ahlman Marital Trust; Janet L. Richmond, an individual; Gary A. Wilson and Jane Doe Wilson, husband and wife; Daniel D. Gregg, an individual; Ryan C. Wells, an individual, and John K. Moats and Jane Doe Moats, husband and wife; Defendants.

Supreme Court of Idaho, Boise, August 2019 Term.

Opinion Filed: November 13, 2019.


Attorney(s) appearing for the Case

James, Vernon & Weeks, P.A., Coeur d'Alene , for appellants, Rocky W. and Delores L. Fletcher. Susan P. Weeks argued.

Ramsden, Marfice, Ealy & Harris, LLP, Coeur d'Alene , for respondents Alan K. Sims and Andrew J. and Darcy Ponder. Michael E. Ramsden argued.

Lou Ann Stamp, Athol, respondent pro se.

Eugene DePaulis and Lucinda DePaulis, Athol, respondents pro se.

Roy Stults and Marilyn Stults, Athol, respondents pro se.

Robert Imperatrice and Jean Imperatrice, Athol, respondents pro se.

Thomas Valenzuela, Athol, respondent pro se.

Lone Mountain Road Association, Athol, respondent pro se.


Rocky and Delores Fletcher appeal the district court's denial of attorney fees on remand after an amended judgment was entered in their favor. The district court awarded some costs to the Fletchers as the prevailing parties but found that the subdivision's covenants, conditions, and restrictions (CC&Rs), which govern this dispute...

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