ROCKY W. FLETCHER and DELORES L. FLETCHER, husband and wife, Plaintiffs-Appellants,
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.
from the District Court of the First Judicial District of the
State of Idaho, Kootenai County. Charles W. Hosack, District
district court's decision is reversed and the case
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.
Ann Stamp, Athol, respondent pro se.
DePaulis and Lucinda DePaulis, Athol, respondents pro se.
Stults and Marilyn Stults, Athol, respondents pro se.
Imperatrice and Jean Imperatrice, Athol, respondents pro se.
Valenzuela, Athol, respondent pro se.
Mountain Road Association, Athol, respondent pro se.
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, did not provide a
basis for an award of attorney fees. We reverse the district
court's decision, holding that the Fletchers'
declaratory judgment action constituted an "enforcement
action" under section 5.1 of the CC&Rs. We remand
the case to the district court for a determination of the
amount of reasonable attorney fees to be awarded and
apportionment of those fees against the parties.
FACTUAL AND PROCEDURAL BACKGROUND
Fletchers first appealed to this Court in 2017 following an
adverse judgment from the district court. Fletcher v.
Lone Mountain Road Association, 162 Idaho 347, 349-50,
396 P.3d 1229, 1231-32 (2017). The Fletchers own property in
the Twin Lakes Meadows Subdivision in Kootenai County. There
is a private gravel and dirt road known as "Lone
Mountain Road" which runs through the subdivision. Some
of the lots, but not all, adjoin or connect to the road. Over
the years, because Delores Fletcher suffers from asthma, the
Fletchers used asphalt grindings, oiling, and other dust
control methods-at their own expense-to abate the dust on the
stretch of Lone Mountain Road that is adjacent to their
property. Disputes arose for several contentious years
between the Fletchers and the "Lone Mountain Road
Association"-i.e. the Fletchers' neighbors-over the
payment of maintenance costs incurred by the Association,