McKENNEY v. ANSELMO

No. 9781.

416 P.2d 509 (1966)

Dennis McKENNEY, Plaintiff-Appellant, v. Harold ANSELMO and Barbara J. Anselmo, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

July 15, 1966.


Attorney(s) appearing for the Case

McNaughton & Sanderson, Coeur d'Alene, for appellant.

Bandelin & Cogswell, Sandpoint, for respondents.


SPEAR, Justice.

Appellant, Dennis McKenney, brought this action in district court, Bonner County, to condemn a road right-of-way across respondents Harold and Barbara J. Anselmo's property pursuant to I.C. § 7-701 (5) which provides that by-roads leading from highways to residences and farms may be condemned for public use. McKenney maintains that a "road" which cuts across the Anselmos' property affords the single all-year vehicular access to that property owned...

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