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COHEN v. LARSON

No. 18901.

867 P.2d 956 (1993)

125 Idaho 82

David N. COHEN and Vernice Cohen, husband and wife; Charles C. Leithe and Evelyn P. Leithe, husband and wife; Theodore Gunning and Dianne Gunning, husband and wife, Michael T. Kinney; John C. Matthews; and Washington Trust Bank, Trustee for Certain Beneficiaries, and A. Roderick Lindsay and Norma Lindsay, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. Henry LARSON and Nancy Mae Larson, individually and as husband and wife, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 1992 Term.

Rehearing Denied February 7, 1994.

Attorney(s) appearing for the Case

Charles W. Hosack, Coeur d'Alene, for defendants - appellants - cross - respondents. Charles W. Hosack, argued.

Scott W. Reed, Coeur d'Alene, for plaintiffs-respondents-cross-appellants. Scott W. Reed, argued.

BISTLINE, Justice.

In 1935, two friends, Edwin Matthews Sr. and Roderick A. Lindsay, purchased adjacent tracts of land on Lake Coeur d'Alene. They each built a single family residence on their respective acreages, thus gaining access to their respective properties from the lake or by foot from the public highway. In 1952, after repeated requests by the Matthews and Lindsays, Henry Larson cleared and leveled the right-of-way at the heart of this appeal. The Matthews...

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