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VIEBROCK v. GILL

No. 20608.

877 P.2d 919 (1994)

125 Idaho 948

Henry VIEBROCK, Sr.; Marge Huff and Joe Huff, husband and wife; Henry Viebrock, Jr. and Olive Viebrock, husband and wife; Gary Viebrock and Donna Viebrock, husband and wife, Plaintiffs-Respondents, v. Thomas N. GILL and Kathleen Gill, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, North Idaho, April 1994 Term.

July 12, 1994.

Attorney(s) appearing for the Case

Sims, Liesche, Newell, Kelso, Wallace & Wallace, Coeur d'Alene, for appellants. Michael J. Newell, argued.

Michael B. McFarland, Coeur d'Alene, for respondents.

BISTLINE, Justice.

BACKGROUND AND PRIOR PROCEEDINGS

In approximately 1918, two neighboring landowners, Henry Viebrock I1 and Walter Sachse, jointly constructed a private access road across their adjoining properties. The access road leaves a state highway and angles across the Viebrock property. The road then crosses into the Sachses' property (now owned by the Gills) and switches back...

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