Goodman Oil Co. v. Scotty's Duro-Bilt Generator, Inc.

W. JONES, Justice.

FACTS AND PROCEDURAL HISTORY

On August 2, 1995, one of the Respondents, Bart McKnight, on behalf of Scotty’s Duro-Built Generator, Inc., entered into a Property Owner Street Vacation Agreement (Vacation Agreement) with Appellant, Goodman Oil Company, and two other parties. In the Vacation Agreement, the parties consented to the vacation of a portion of First Avenue South by the City of Nampa, Idaho. The Vacation Agreement also stipulated “[t]hat the parties shall fully cooperate to ensure that the purpose and intent of this Agreement shall be accomplished.”

On July 28, 2004,…