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CITY OF EAGLE v. TWO RIVERS SUBDIVISION

Docket No. 47193.

467 P.3d 434 (2020)

CITY OF EAGLE, a municipal corporation of the State of Idaho, Plaintiff-Appellant, v. TWO RIVERS SUBDIVISION HOMEOWNERS ASSOCIATION, INC., an Idaho corporation, Kevin Zasio, President, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 2020 Term.

Opinion Filed: July 7, 2020.

Attorney(s) appearing for the Case

Borton-Lakey Law & Policy, Meridian, for appellant. Joseph Borton argued.

Kelly Law, PLLC, Garden City and Carroll Law, PLLC, Boise, for respondents. Michael Kelly argued.

This appeal involves a dispute between a homeowners' association and the City of Eagle ("the City") over the public's right to use a parking lot located on land owned by the homeowners' association. T.R. Company, LLC ("T.R.") was the developer of a subdivision. In November 2002, the City held a public hearing on T.R.'s request for...

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