Yellowpine Water User's Ass'n v. Imel

ON DENIAL OF PETITION FOR REHEARING

SHEPARD, Justice.

This is an appeal from a judgment for alleged unpaid assessments for water use, together with costs and attorney fees, and which denied defendants-appellants’ counterclaim under the Idaho Consumer Protection Act. We affirm in part and reverse in part.

At one time much of the land in Yellow Pine, Idaho was owned by Fay and Iva Kissinger, who built a water delivery system and then subdivided the land and sold individual lots. Under the terms of the Kissingers’ federal water permit, they could not sell water but rather they charged lot owners…