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BOYDSTUN BEACH ASS'N v. ALLEN

No. 16001.

723 P.2d 914 (1986)

111 Idaho 370

BOYDSTUN BEACH ASSOCIATION, an Idaho corporation, and the Class Claiming a Right to an Easement in Lot 6 of Block 1 of the Recorder's Plat of Lot 1, Section 8, Township 18 North, Range 3 East of the Boise Meridian, Valley County, Idaho, Plaintiffs-Appellants-Cross Respondents, v. Wayne F. ALLEN and Shirley Allen, husband and wife, Defendants-Respondents-Cross Appellants.

Court of Appeals of Idaho.

July 24, 1986.

Attorney(s) appearing for the Case

Gordon S. Nielson, Boise, for plaintiffsappellants-cross respondents.

Frank T. Elam, McCall, for defendantsrespondents-cross appellants.

SWANSTROM, Judge.

This is a dispute between persons claiming rights to an easement located on the shore of Big Payette Lake and the owners of the servient estate. The easement provides access to the lake, along with boating, bathing and parking privileges. The easement users sued to force the landowner to remove obstructions on the easement. The owner built a house close to the easement area, and a landscaped lawn on the easement. The district judge ruled that the...

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