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POWELL v. SELLERS

No. 22580.

937 P.2d 434 (1997)

130 Idaho 122

Neal K. POWELL and Dianne B. Powell, husband and wife, Plaintiffs-Counterdefendants-Appellants-Cross Respondents, v. Kenneth W. SELLERS, a single man; Robert Sellers and Robyn L. Sellers, husband and wife, Defendants-Respondents, and Orville Durrant and Fay Durrant, husband and wife; Duane Durrant, a single man; Bobby Wayne Whitehead and Linda Ann Whitehead, husband and wife, Defendants-Counterclaimants-Respondents-Cross Appellants.

Court of Appeals of Idaho.

May 5, 1997.

Attorney(s) appearing for the Case

Kerr Law Office, Blackfoot, for appellants. Robert M. Kerr, Jr. argued, Blackfoot.

Whittier, Souza and Clark, Chtd., Pocatello, for respondents-Sellers. John Souza argued, Pocatello.

PERRY, Judge.

In this case we are asked to review a number of rulings by the district court. After a review of the record and applicable law, we affirm.

I.

FACTS AND PROCEDURE

This is a consolidated case, that originated as four separate proceedings, and involves the owners of three adjacent parcels of property. The parties agreed to settle their disputes through the construction of a new ditch to service the properties. They entered into...

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