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BELL RAPIDS MUT. IRRIGATION CO. v. HAUSNER

No. 21284.

890 P.2d 338 (1995)

126 Idaho 752

BELL RAPIDS MUTUAL IRRIGATION COMPANY, Plaintiff-Appellant, v. Jill HAUSNER, Defendant-Respondent.

Supreme Court of Idaho, Boise, November 1994 Term.

February 24, 1995.

Attorney(s) appearing for the Case

Justin R. Seamons, Twin Falls, for appellant.

Hollifield, Tolman & Bevan, Twin Falls, for respondent. William R. Hollifield argued.

JOHNSON, Justice.

This is a claim preclusion and issue preclusion case. We conclude that the claim is not precluded because it was not ripe for adjudication in the prior action. We also conclude that the issues are not precluded because they were not adjudicated in the prior action.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

In 1967, Jill Hausner and several tenants in common signed an operating agreement (the operating agreement) with Bell...

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