Weisel v. BEAVER SPRINGS OWNERS ASS'N, INC.

HORTON, Justice.

Thomas Weisel (Weisel) owned adjacent parcels, Lots 13 and 14, within the Beaver Springs Subdivision, now located in Ketchum, Idaho. In 1983, Weisel presented a development plan and request to unify his adjacent lots to the Beaver Springs Owners Association (Beaver Springs). At some point, Weis-el’s plan indicated that he intended that construction would occur within a setback zone that abutted the lots’ shared border. Weisel and Beaver Springs executed an agreement (Agreement) whereby Beaver Springs approved the development plan and lot unification, removed the setback zone…