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MacCASKILL v. EBBERT

No. 16377.

739 P.2d 414 (1987)

112 Idaho 1115

Paul MacCASKILL, Plaintiff-Appellant, v. Robert EBBERT and Elise Ebbert, husband and wife, Donald G. Siegel and Carol McKenna Siegel, husband and wife, Defendants-Respondents.

Court of Appeals of Idaho.

June 10, 1987.

Attorney(s) appearing for the Case

Roger E. Crist (Crist and Barsotti), Ketchum, and Robert M. Tyler, Jr. (argued) (Elam, Burke and Boyd), Boise, for appellant.

Thomas C. Praggastis (argued) (Roark, Donovan, Praggastis, Elkins and Phillips), and E. Lee Schlender, Ketchum, for respondents Ebbert.

George R. Kneeland (Kneeland, Korb, Collier and Benjamin), Ketchum, for respondents Siegel.

SUBSTITUTE OPINION UPON DENIAL OF PETITION FOR REHEARING

This opinion supersedes the Court's prior opinion dated December 31, 1986.

BURNETT, Judge.

This is an appeal from a summary judgment rejecting a claim of easement by necessity to "landlocked" property. Such an easement customarily arises where part of a tract is conveyed and, as a result of the severance, the part conveyed or the part retained is deprived of legal access to a public road. ...

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