CARSON v. ELLIOTT

No. 16088.

728 P.2d 778 (1986)

111 Idaho 889

Sharon A. CARSON, Plaintiff-Respondent, v. Edward Gregory ELLIOTT and Sally Elizabeth Elliott, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

December 2, 1986.


Attorney(s) appearing for the Case

William M. Killen (Killen & Pittenger, P.A.), McCall, for defendants-appellants.

Frank T. Elam (Udell, Elam & Bliss), McCall, and James R. Gillespie and William A. Fuhrman (Eberle, Berlin, Kading, Turnbow & Gillespie, Chartered), Boise, for plaintiff-respondent. No appearance on appeal.


BURNETT, Judge.

The sole question presented is whether an easement owner was entitled to remove a physical obstruction placed in the right-of-way by owners of the land. The district court answered this question in the affirmative. We agree.

The background facts are undisputed. The litigants own summer homes on adjacent properties along the shore of Payette Lake in Valley County. A single driveway provides access to both homes. The Elliotts own the land traversed...

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