HART v. STEWART

No. 11297.

519 P.2d 1171 (1974)

95 Idaho 781

John W. HART et al., Plaintiffs-Appellants, v. Reid STEWART, Defendant-Respondent. Herman REISNER et al., Plaintiffs-Appellants, v. Reid STEWART, Defendant-Respondent.

Supreme Court of Idaho.

March 11, 1974.


Attorney(s) appearing for the Case

Merrill K. Gee, Pocatello, for plaintiffs-appellants.

Kent W. Foster of Holden, Holden, Kidwell, Hahn & Crapo, Idaho Falls, for defendant-respondent.


McQUADE, Justice.

This action arises out of an allegation by the plaintiffs-appellants, John W. Hart, Herman Reisner, Norman Reisner and Thelma R. Ramey, that the defendant-respondent, Reid Stewart, is interfering with their underground water supply. The appellants' consolidated action, an appeal from a decision by a Local Ground Water Board and a damage action was dismissed on the respondent's motion for summary judgment by the district court and the appellants have...

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