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BUBAK v. EVANS

No. 17380.

788 P.2d 1333 (1989)

117 Idaho 510

Richard BUBAK and Betty L. Bubak, husband and wife, Plaintiffs-Respondents, v. Bill EVANS and Juanita Evans, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

Petition for Review Denied April 18, 1990.

Attorney(s) appearing for the Case

Emil F. Pike, Jr., Twin Falls, for defendants-appellants.

J. Charles Hepworth of Hepworth, Nungester & Lezamiz, Boise and Twin Falls, for plaintiffs-respondents.

WESTON, Judge Pro Tem.

In this case, we affirm an award of damages for trespass and awards of attorney fees under the trespass statute, I.C. § 6-202. The action arose out of the Evanses' claim to a prescriptive easement on a road located on the Bubaks' property. In their complaint, the Bubaks requested damages for trespass and a permanent injunction against further trespass by the Evanses. After a three-day trial, a magistrate held against the Evanses in a decision...

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