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EVANS v. JENSEN

No. 13850.

655 P.2d 454 (1982)

103 Idaho 937

Rex T. EVANS, Plaintiff-Respondent, and Gerald D. Scott, Additional Necessary Plaintiff-Respondent, and Mildred Evans and Donna Scott, Additional Plaintiffs-Respondents, v. Duane JENSEN, Defendant-Appellant.

Court of Appeals of Idaho.

December 8, 1982.

Attorney(s) appearing for the Case

J.W. Crowther, Malad City, and Clark Gasser and Steven Richert, of Green, Service, Gasser & Kerl, Pocatello, for defendant-appellant.

R.M. Whittier of Whittier & Souza, P.A. Pocatello, for plaintiffs-respondents.

SWANSTROM, Judge.

Rex Evans sued R. Duane Jensen, seeking an injunction to restrain him from obstructing a roadway and underpass leading through Jensen's land to Evans' property. Evans also sought damages caused by Jensen's obstruction of the road and by his removal of a cattle guard installed by Evans. Evans claimed a right to use the road as a public thoroughfare. Jensen counterclaimed seeking a declaration of his exclusive right to use the road and underpass and...

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