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CARDENAS v. KURPJUWEIT

No. 17568.

779 P.2d 414 (1989)

116 Idaho 739

Canuto R. CARDENAS and Lucia Cardenas, husband and wife, Plaintiffs-Appellants, v. Helen KURPJUWEIT, Defendant-Respondent, and Julius Kurpjuweit, and all other persons whose true names are not known, Defendants.

Supreme Court of Idaho.

August 29, 1989.

Attorney(s) appearing for the Case

Ismael Chavez, Caldwell, for plaintiffs-appellants.

Manweiler, Bevis & Cameron, Boise, for defendant-respondent.

BISTLINE, Justice.

We granted review of the Court of Appeals decision to determine whether a landowner's claim of a prescriptive easement will be defeated as a matter of law because the landowner has labored under the mistaken view that the ingress-egress to her property was over a road which was open to the public.

PART I

The facts which underlie this dispute are sufficiently set out in the Court of Appeals decision and an illustrative sketch is...

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