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FITZGERALD v. YOUNG

No. 14538.

670 P.2d 1324 (1983)

105 Idaho 539

Ronald FITZGERALD and Lynda Fitzgerald, husband and wife, and Clifford D. Mefford and Ila Mefford, husband and wife, Plaintiffs-Respondents, v. Charles T. YOUNG, Defendant-Appellant.

Court of Appeals of Idaho.

October 11, 1983.

Attorney(s) appearing for the Case

Anton Hohler of Tway & Tway, Boise, for defendant-appellant.

Scott D. Hess of Eberle, Berlin, Kading, Turnbow & Gillespie, Chartered, Boise, for plaintiffs-respondents.

McFADDEN, Judge Pro Tem.

The present controversy began when Fitzgerald and Mefford undertook a joint venture, called Denton Village, to develop real property located adjacent to farmland owned by Young. It required the design and implementation of a surface water drainage system to accommodate runoff generated by unusual storms. The system developed for Denton Village employed the use of an existing ditch system on the western border of the project through which runoff...

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