Fletcher v. Lone Mountain Rd Assoc

Rocky and Delores Fletcher (“the Fletchers”) appealed a district court judgment in which they sought a declaratory judgment outlining the rights and responsibilities of property owners in the Twin Lakes Meadows Subdivision (“Subdivision”) with respect to a private road known as Lone Mountain Road (“Subdivision Road” or “the Road”). The district court determined that the Subdivision’s Covenants, Conditions, and Restrictions (“CC&Rs”) were ambiguous and contrary to Idaho easement law. After finding that the CC&Rs were ambiguous, the district court declared that all lot owners who used the Road had the right to make reasonable repairs to the Road. The Fletchers argued on appeal the district court erred when it found the CC&Rs to be ambiguous and that they should be strictly applied. The Fletchers also argued the district court erred when it failed to declare that dust from the Road created an additional burden on their servient estate and by failing to declare that the Lone Mountain Road Association had no right to maintain the Road or to collect assessments. The Idaho Supreme Court reversed the district court as to its findings that the CC&Rs were ambiguous and there was a waiver of the right to obtain contributions from lot owners that do not use the Road. The Court affirmed the district court’s judgment that road dust did not create an additional burden on the Fletchers’ estate. View "Fletcher v. Lone Mountain Rd Assoc" on Justia Law