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MARSHALL v. BLAIR

No. 21669.

946 P.2d 984 (1996)

130 Idaho 684

Dennis MARSHALL and Paula Marshall, husband and wife, Plaintiffs-Respondents, v. Joseph A. BLAIR and Jeanne E. Blair, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

August 28, 1996.

Attorney(s) appearing for the Case

J. Michael Wheiler, argued, Thomsen & Stephens, P.A., Idaho Falls, for Defendants-Appellants.

Thomas E. Moss, argued, Moss & Esplin, Blackfoot, for Plaintiffs-Respondents.

WALTERS, Chief Judge.

This case involves a dispute over a road easement in Bingham County. Dennis and Paula Marshall filed suit against Joseph and Jeanne Blair, seeking a determination of the Marshalls' right to access their property using a lane which extends from a public road, past the Blairs' home, past a neighbor's property, to the Marshalls' residence. The district court held that: (1) the Marshalls have a prescriptive easement as well as an implied easement...

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