CLUFF v. BONNER COUNTY

No. 18923.

824 P.2d 115 (1992)

121 Idaho 184

Edward L. CLUFF, Plaintiff-Appellant, v. BONNER COUNTY, a political subdivision of the State of Idaho, Defendant-Respondent, and Leroy Maring, and all unknown heirs, successors or assigns of Leroy Maring, and all unknown claimants, their heirs, successors and assigns to the following described real property in Bonner County, Idaho, to-wit: Government Lot 6 in section 36, Township 55 North, Range 2 East, Boise Meridian, Bonner County, Idaho, Defendants.

Supreme Court of Idaho, Boise, October 1991 Term.

January 15, 1992.


Attorney(s) appearing for the Case

Everett D. Hofmeister, Coeur d'Alene, for plaintiff-appellant.

Steven C. Verby, Sandpoint, for defendant-respondent.


JOHNSON, Justice.

This is an adverse possession case. The primary issue presented is whether there is a genuine issue of material fact concerning the improvement of the property by the adverse claimant. We conclude there is a genuine issue of material fact and vacate the trial court's summary judgment dismissing the adverse claimant's quiet title action. We also restate principles concerning adverse possession: (1) a person...

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