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VILLAGE OF PECK v. DENISON

No. 10159.

450 P.2d 310 (1969)

92 Idaho 747

The VILLAGE OF PECK, a municipal corporation of the State of Idaho, Plaintiff-Respondent, v. Roger DENISON and Louise Denison, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied March 4, 1969.

Attorney(s) appearing for the Case

J.H. Felton, Lewiston, for defendants-appellants.

Blake, Givens & Feeney, Lewiston, for plaintiff-respondent.

McQUADE, Justice.

The evidence produced at the trial established the following facts. A controversy arose over the ownership of certain rights to water arising upon approximately thirty-five acres of land about one-half a mile west of the Village of Peck (hereafter referred to as the Village). This land is owned by appellant Denison at the present time and is hereafter referred to as the "Denison land." Running through the Denison land is Bear Creek, the waters of...

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