ABBOTT v. NAMPA SCHOOL DIST. NO. 131

No. 17964.

808 P.2d 1289 (1991)

119 Idaho 544

Dan ABBOTT and Joanne Abbott, husband and wife, Plaintiffs-Appellants, v. NAMPA SCHOOL DISTRICT NO. 131, a school district formed under the laws of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho. Boise February 1990 Term.

Rehearing Denied April 29, 1991.


Attorney(s) appearing for the Case

White, Ahrens, Peterson & Perry, P.A., Nampa, for plaintiffs-appellants. William A. Morrow, argued.

Elam, Burke and Boyd, Nampa, for defendant-respondent. William F. Yost, III, argued.


BOYLE, Justice.

In this property easement case we are called upon to determine whether a stranger to an easement may use the easement pursuant to a license agreement with the easement holder without obtaining the consent of the servient estate's owner so long as the burden on the servient estate is not enlarged.

Dan and Joanne Abbott are owners of a five acre parcel of land located on Greenhurst Road in Canyon County which is burdened by an irrigation ditch...

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