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BURRUP v. STANGER

No. 17522.

765 P.2d 139 (1988)

115 Idaho 114

Vance BURRUP, Larry R. Christensen, A. Lin Whitworth, M.J. Kent, and Brent Whitworth, Plaintiffs-Respondents, v. Elmer H. STANGER and Fran Stanger, husband and wife, Defendants-Appellants, and David Stanger; John Doe, John Smith, Mary Doe and Jane Smith, fictitious persons; A.B.C. Financing and Mortgage Corporation, a fictitious corporation; D.E.F. Banking Association, a fictitious corporation, Defendants.

Supreme Court of Idaho.

November 29, 1988.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, of Pocatello, for defendants-appellants. Louis F. Racine, Jr., argued.

Whittier & Souza, of Pocatello, for plaintiffs-respondents. R.M. Whittier, argued.

Before SHEPARD, C.J., BISTLINE and JOHNSON, JJ., and McQUADE and BOYLE, JJ. Pro Tem.

PER CURIAM.

This case was appealed from the trial court's judgment declaring a road across land owned by the Stangers to be public. The judgment also ordered the Stangers not to obstruct the use of the road by the public and ordered the county to continue to maintain the road.

We assigned the case to the Court of Appeals, which issued an opinion reversing the judgment of the trial court. Burrup v. Stanger, 114 Idaho 50, 753 P.2d 261...

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