BREWER v. WASHINGTON RSA NO. 8 LTD.

No. 33642.

184 P.3d 860 (2008)

William H. BREWER, a married man, and Robert D. Brewer, a married man, Plaintiffs-Appellants, v. WASHINGTON RSA NO. 8 LIMITED PARTNERSHIP d/b/a Inland Cellular, a Washington corporation, Defendant-Respondent, and Madlynn Kinzer, an unmarried woman, and John Brewer, Clark Communications, an Idaho corporation, State Of Idaho, Department of Administration, a governmental entity, Pullman TV Cable Company, Inc., a Washington corporation, Pinnacle Towers, Inc., a Delaware corporation, Latah County, an Idaho governmental entity, Avista Corporation, a Washington corporation, Pat Mackelvie d/b/a/ Mackelvie Advertising, Inc., an Idaho corporation, Radio Palouse, Inc., a Washington corporation, Northwest Microwave System, a Washington corporation, and Keith Rathbun d/b/a Rathbun Communications, Defendants.

Supreme Court of Idaho, Lewiston, March 2008 Term.

May 7, 2008.


Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for appellants. Paul Thomas Clark argued.

Creason, Moore, Dokken, PLLC, Lewiston, for respondents. Mark Moorer argued.


BURDICK, Justice.

Appellants William and Robert Brewer appeal a district court order granting Respondent Inland Cellular summary judgment on their rescission and unjust enrichment claims. We reverse in part, affirm in part, and remand for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

Brothers William and Robert Brewer (the Brewers) are tenants in common with their aunt, Madlynn Kinzer, and other family members of property located on Moscow...

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