LATHAM v. GARNER

No. 13435.

673 P.2d 1048 (1983)

105 Idaho 854

Denny LATHAM, Plaintiff-Appellant, v. Harold D. GARNER and Betty L. Garner, husband and wife; and John Doe Garner, Defendants-Respondents.

Supreme Court of Idaho.

On Rehearing December 28, 1983.


Attorney(s) appearing for the Case

Danny J. Radakovich of Rapaich & Knutson, Lewiston, for plaintiff-appellant.

J. Ray Cox, Jr. of Cox & Bean, Coeur d'Alene, for defendants-respondents.


BAKES, Justice.

Plaintiff appellant appeals from a lower court decision that a roadway easement over plaintiff's servient estate belonged exclusively to the defendant respondents, enjoining plaintiff from either using the road or interfering with the defendants' use.

The uncontroverted facts before the lower court were that the defendant respondents have owned certain real property located in Kootenai County, Idaho, since 1962. Until 1968, defendants' only...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases