Hoffer v. Callister

KIDWELL, Justice.

This dispute calls for this Court to determine whether zoning violations, if proven, may constitute encumbrances on the title to real property. Randy L. Hoffer (Hoffer) brought this claim for damages against David and Becky Callister and Scott and Sandra G. Stewart (Callister and Stewart), who sold property to him, and Defendant Judith E. Allen, formerly known as Judith E. Wilson (Wilson), Callister and Stewart’s predecessor, for breach of contract and breach of deed warranties against encumbrances. The district court granted summary judgment in favor of the defendants,…