Miller v. Simonson

TROUT, Chief Justice.

Appellant Katherine Miller (Miller) appeals the district court’s grant of partial summary judgment in favor of Respondents Rita and Judy Simonson (the Simonsons), finding that Miller had constructive notice of the Covenants, Conditions and Restrictions (CC & R’s) placed upon a ten-acre tract of land she purchased in Teton County in 1997. Miller appeals the district court’s determination on the basis that she had no actual notice of the CC & R’s and also had no constructive notice because the CC & R’s were incorrectly indexed by Teton County. We affirm.

I

FACTUAL AND…