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BEAR ISLAND WATER ASS'N, INC. v. BROWN

No. 20097.

874 P.2d 528 (1994)

125 Idaho 717

BEAR ISLAND WATER ASSOCIATION, INC., Plaintiff-Counterdefendant Appellant-Cross Respondent, v. Lloyd C. BROWN and Shannon Brown, Husband and Wife, Defendants-Counterclaimants Cross Appellants.

Supreme Court of Idaho, Idaho Falls, April 1993 Term.

Rehearing Denied June 22, 1994.

Attorney(s) appearing for the Case

Anderson, Pike & Bush, Idaho Falls, for appellant/cross-respondent. W. Joseph Anderson, argued.

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for respondents/cross-appellants. Kumen L. Taylor, argued.

1993 OPINION NO. 133, FILED DECEMBER 20, 1993, IS HEREBY WITHDRAWN AND THIS OPINION SUBSTITUTED THEREFOR.

SILAK, Justice.

This appeal involves a dispute over property rights to a well which was mistakenly drilled on the wrong lot. The district court granted a partial summary judgment quieting title to the well in Lloyd and Shannon Brown, the owners of the property on which the well is located. Bear Island Water Association (BIWA) appeals, asserting that the...

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