BARANICK v. NORTH FORK RESERVOIR CO.

No. 21362.

903 P.2d 71 (1995)

127 Idaho 482

Gerald BARANICK, Plaintiff-Appellant, v. NORTH FORK RESERVOIR COMPANY, an Idaho Corporation, Defendant-Respondent.

Supreme Court of Idaho, Idaho Falls, May 1995 Term.

Rehearing Denied October 17, 1995.


Attorney(s) appearing for the Case

Hopkins, Roden, Crockett, Hansen & Hoopes, Idaho Falls, for appellant. Paul B. Rippel argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for respondent. William D. Olson argued.


JOHNSON, Justice.

This case concerns the flooding of real property (the property) by a reservoir operator (the operator). We reach the following conclusions: (1) the operator did not acquire a prescriptive easement to flood the property because the flooding was periodic rather than continuous; (2) the trial court improperly dismissed the claim for an injunction to prevent future flooding; and (3) the owner of the property (the owner) must show negligence in order...

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