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GRAY v. GORE

No. 18504.

807 P.2d 643 (1991)

119 Idaho 425

Ernie GRAY, Plaintiff-Appellant, v. Bradley N. GORE, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 1990 Term.

March 15, 1991.

Attorney(s) appearing for the Case

M. Karl Shurtliff, Boise, for plaintiff-appellant.

Thomas G. Maile, IV, Boise, for defendant-respondent.

BISTLINE, Justice.

We are asked to determine whether the district court acted beyond its authority in restricting the use of a roadway easement. We hold that restricting the use of this easement to daylight hours, and subjecting the dominant estate to forfeiture of the easement if any of the restrictions are not followed, was improper.

Ernie Gray and Bradley Gore are neighbors. A dispute arose over the use of a roadway on property owned by Gore that leads...

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