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SELLERS v. POWELL

No. 18630.

815 P.2d 448 (1991)

120 Idaho 250

Kenneth SELLERS, Plaintiff-Appellant, v. Neal K. POWELL, Defendant-Respondent.

Supreme Court of Idaho, Pocatello, May 1991 Term.

August 9, 1991.

Attorney(s) appearing for the Case

Blaser, Sorensen & Hansen, Blackfoot, for plaintiff-appellant. Scott H. Hansen argued.

Kerr Law Office, Blackfoot, for defendant-respondent. Robert M. Kerr, Jr. argued.

McDEVITT, Justice.

This case arises out of the maintenance and repair of an irrigation ditch. A lateral ditch crosses Neal Powell's property. Kenneth Sellers has an easement for the transportation of water through the ditch. Sellers expended sums of money in maintaining and repairing the ditch from 1985 through 1988.

On September 14, 1988, Sellers initiated a small claims action against Powell for costs incurred in maintaining and repairing the ditch. Sellers...

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