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B & J DEVELOPMENT & INV., INC. v. PARSONS

No. 21006.

887 P.2d 49 (1994)

126 Idaho 504

B & J DEVELOPMENT AND INVESTMENT, INC., a Florida corporation, Plaintiff-Counterdefendant-Appellant, v. Ruby PARSONS d/b/a Victor Steak Bank, Defendant-Counterclaimant-Respondent, and John Does I-V, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied December 16, 1994.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for appellant. James K. Slavens, argued.

Hopkins, Roden, Crockett, Hansen & Hoopes, Idaho Falls, for respondent. David H. Shipman, argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED 11/07/94, IS HEREBY WITHDRAWN.

WALTERS, Chief Judge.

B & J Development and Investment, Inc., (B & J) appeals from a district court's judgment which held that Ruby Parsons (Parsons), d/b/a the Victor Steak Bank, obtained an easement by necessity across B & J's property. B & J also challenges the district court's failure to quiet title as against any of Parsons' claims or to award...

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