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JUDGE v. WHYTE

No. 15119.

706 P.2d 73 (1985)

109 Idaho 184

Alden JUDGE and Leota Judge, husband and wife; David A. Whyte and Bernice Whyte, husband and wife; and Sterling L. Evans and Arveen B. Evans, husband and wife, Plaintiffs-Respondents, v. William LaMar WHYTE and Marie Whyte, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

August 27, 1985.

Attorney(s) appearing for the Case

John Souza, of Whittier & Souza, P.A., Pocatello, for defendants-appellants.

H. William Furchner, Blackfoot, for plaintiffs-respondents.

Before DONALDSON, Acting C.J., and HUNTLEY and OLIVER, Acting JJ.

DONALDSON, Acting Chief Judge.

This is an appeal from a judgment granting plaintiffs-respondents, David Whyte, Sterling Evans and Alden Judge, a prescriptive easement to drain excess irrigation water from their land through the land of defendant-appellant, William LaMar Whyte. The primary issue on appeal is whether there is substantial and competent evidence to support the finding of a prescriptive easement by the lower court...

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