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MELENDEZ v. HINTZ

No. 15826.

724 P.2d 137 (1986)

111 Idaho 401

Michael G. MELENDEZ and Kathryn M. Melendez, Plaintiffs-Respondents, v. James A. HINTZ, Defendant-Appellant.

Court of Appeals of Idaho.

July 31, 1986.

Attorney(s) appearing for the Case

William H. McAdam, Jr., Sandpoint, for defendant-appellant.

John Ford Elsaesser, Jr., Sandpoint, for plaintiffs-respondents.

SWANSTROM, Justice.

Michael and Kathryn Melendez brought this action against their neighbor James Hintz after Hintz blocked a driveway on his property which the Melendezes or their predecessors had used for twenty years. The Melendezes claimed they had acquired a prescriptive easement by adverse use of the driveway. The district court agreed. Hintz has appealed. Upon a record of undisputed facts we are asked to decide whether, as a matter of law, the Melendezes' use...

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