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GIBBENS v. WEISSHAUPT

No. 11913.

570 P.2d 870 (1977)

98 Idaho 633

Charles E. GIBBENS and Lula E. Gibbens, husband and wife, Dan T. Miller and Loretta Miller, husband and wife, Wallace R. Connolly and Eda R. Connolly, husband and wife, Don O'kelly and Linda Lou O'kelly, husband and wife, Bruce G. Connolly and Lanae Connolly, husband and wife, Plaintiffs-Respondents, v. Gustave A. WEISSHAUPT and Helen Weisshaupt, husband and wife, Fred Brusher and Margaret Brusher, husband and wife, Defendants-Appellants, v. AQUICULTURE GARDENS, INC., Carroll Nicholls and Kenneth Troutt, Additional Defendants-Respondents.

Supreme Court of Idaho.

October 27, 1977.

Attorney(s) appearing for the Case

R.H. Copple of Davison, Copple & Copple, Boise, for defendants-appellants.

D. Blair Clark of Anderson, Kaufman, Anderson & Ringert, Boise, for plaintiffs-respondents.

Charles E. Mooney of Lyons, Mooney, Bohner & Munson, Boise, for additional respondents.

DONALDSON, Justice.

This appeal concerns the existence of a prescriptive easement and the extent of use permitted thereby. The defendants-appellants (hereinafter appellants) are the owners of a 20 acre parcel of land located between Brookside Lane, a public highway, and a 700 acre parcel of land owned by the plaintiffs-respondents (hereinafter respondents). These parcels are located approximately seven road miles generally north of Boise, Idaho. Brookside Lane is...

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