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ABC AGRA, LLC v. CRITICAL ACCESS GROUP

No. 40573.

331 P.3d 523 (2014)

ABC AGRA, LLC, an Idaho limited liability company, Plaintiff-Appellant, v. CRITICAL ACCESS GROUP, INC., a Minnesota non-profit corporation, Defendant-Respondent.

Supreme Court of Idaho, Twin Falls, June 2014 Term.

August 6, 2014.

Attorney(s) appearing for the Case

Robertson & Slette, PLLC, Twin Falls, for appellant. Gary D. Slette argued.

Givens Pursley, LLP, Boise, for respondent. Martin C. Hendrickson argued.

BURDICK, Chief Justice.

This appeal arises out of ABC Agra, LLC's ("ABC") action seeking a declaratory judgment against Critical Access Group, Inc. ("CAG") regarding the enforceability of a real property use restriction. Because there were no existing or proposed uses that implicated the restriction, the district court determined that the claim was not ripe and granted CAG's 12(b)(6) motion to dismiss. We affirm this dismissal.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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