Summary
This Idaho Supreme Court opinion addresses a dispute between neighboring property owners regarding the applicability of subdivision covenants, conditions, and restrictions (CC&Rs) after a county-approved boundary line adjustment. The court affirmed that the CC&Rs continue to apply to the disputed sixty-foot strip of land and that the appellant required HOA approval to construct a road, but reversed the lower court's declarations that the CC&Rs categorically prohibit road construction and that the boundary adjustment violated the covenants. The court also vacated the permanent injunction and remanded for further proceedings consistent with its ruling.
Topics
Practice areas
Questions Presented
- Whether the district court erred by granting Jordan’s request for summary judgment on the declaratory judgment claims.
- Whether the district court erred by granting Jordan’s request for a permanent injunction.
- Whether the district court erred in granting Jordan his fees and costs below.
- Whether either party is entitled to attorney fees on appeal.
Holdings
- The CC&Rs continue to apply to the Sixty‑Foot Strip.
- The CC&Rs do not categorically prohibit construction of a road on the Sixty‑Foot Strip.
- The district court erred; the boundary line adjustment is not a prohibited lot split and the issue is moot.
- Powers must obtain prior approval from the HOA Design Committee before constructing the road.
- The award of attorney fees and costs is vacated and remanded.
- Neither party is entitled to attorney fees on appeal.
Key quotations
“We affirm the district court’s declaration that the CC&Rs continue to apply to the Sixty‑Foot Strip and its declaration that Powers was required to secure approval for the road from the HOA and failed to do so.”
“The district court erred by declaring that the CC&Rs categorically prohibit construction of a road on the Sixty‑Foot Strip.”
Factual background
Aaron Powers owned Lot One in the Sorensen Creek Subdivision and an adjacent parcel. He sought to construct a road across a sixty‑foot strip of Lot One to provide access to the adjacent parcel. The HOA denied permission. Powers obtained a county‑approved boundary line adjustment that removed the strip from Lot One, and an amended plat was recorded. Homeowner Carl Jordan sued to enforce the subdivision’s covenants, conditions, and restrictions (CC&Rs) to prevent the road.
Procedural history
The district court granted Jordan summary judgment on declaratory claims, declared that the CC&Rs applied to the Sixty‑Foot Strip, that Powers violated the CC&Rs by splitting Lot One, that the CC&Rs prohibited road construction, and that the boundary line adjustment violated the CC&Rs. It also entered a permanent injunction and awarded attorney fees to Jordan. The Idaho Supreme Court affirmed the applicability of the CC&Rs and the approval requirement, reversed the categorical prohibition and the lot‑split declaration, vacated the permanent injunction, and vacated the fee award.
Remand instructions
Further proceedings consistent with this opinion, including clarification of the permanent injunction terms and a new determination of attorney fees and costs.