KAUPP v. CITY OF HAILEY

No. 16068.

715 P.2d 1007 (1986)

110 Idaho 337

Richard KAUPP and Barbara Kaupp, Plaintiffs-Appellants, v. CITY OF HAILEY, Defendant-Respondent.

Court of Appeals of Idaho.

March 3, 1986.


Attorney(s) appearing for the Case

Monte R. Whittier, Pocatello, for plaintiffs-appellants.

Michael F. Donovan, Ketchum, for defendant-respondent.


WALTERS, Chief Judge.

Richard and Barbara Kaupp brought suit against the City of Hailey, seeking damages and injunctive relief on allegations of trespass and inverse condemnation, when they learned that sewer and water pipe lines ran beneath their property. In response, the City claimed it had acquired a prescriptive easement for the lines. Both the Kaupps and the City moved for summary judgment under their respective theories of the case. The district court entered...

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