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VOLCO, INC. v. LICKLEY

No. 20678.

889 P.2d 1099 (1995)

126 Idaho 709

VOLCO, INC., an Idaho Corporation; and Development Enterprises Ltd., a Limited Partnership consisting of Pipeco, Inc., an Idaho Corporation as the General Partner, Plaintiffs-Counter-defendants-Appellants, v. Ray LICKLEY and Jane Doe Lickley, husband and wife, Defendants-Counterclaimants-Respondents, and Jerome Highway District, Defendant-Respondent.

Supreme Court of Idaho, Twin Falls Term, November 1994.

February 6, 1995.

Attorney(s) appearing for the Case

Hollifield, Tolman & Bevan, Twin Falls, for appellants. William R. Hollifield argued.

Rosholt, Robertson & Tucker, Chtd., Twin Falls, for respondents. Norman M. Semanko argued.

McDEVITT, Chief Justice.

I. BACKGROUND AND PRIOR PROCEEDINGS

In 1992, Volco Inc. and Development Enterprises Ltd. (collectively referred to as Volco) filed an action for declaratory and injunctive relief against Ray and Jane Doe Lickley (the Lickleys) and the Jerome Highway District. The basis of the action was Volco's claim that the Lickleys had taken steps in furtherance of their unlawful intention to use a utility easement through a subdivision owned...

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