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WALKER v. HOLLINGER

No. 23345.

968 P.2d 661 (1998)

132 Idaho 172

Ronald J. WALKER and Vicki Walker, husband and wife, Plaintiffs-Respondents, v. Jay D. HOLLINGER, an individual, and Carol L. Bradshaw, an individual, Defendants-Appellants. James R. MARTIN and Colene G. Martin, husband and wife, Allan G. Cameron and Carle A. Cameron, husband and wife, Todd A. Bartolome and Melonie S. Bartolome, husband and wife, James Davis and Susan C. Davis, husband and wife, Alice Thuma, Bradley Callahan and Debbie Callahan, husband and wife, Davis Short and Ruth K. Short, husband and wife, Lesley Bahner and John Fiedler, husband and wife, Joann L. Halbasch and Lyle G. Halbasch, husband and wife, Carlo Difebbo, Jim C. Forsythe, Daniel R. Herrity, Arville O. Glenn and Brenda A. Glenn, husband and wife, and Does 1 through 300, Plaintiffs-Respondents-Cross Appellants, v. Jay D. HOLLINGER and Carol L. Bradshaw, as co-owners of a certain parcel of real property located in Boise County, Idaho, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Boise, September 1998 Term.

November 27, 1998.

Attorney(s) appearing for the Case

Pike & Shurtliff, Boise, for appellants. M. Karl Shurtliff argued.

Fitzgerald & Fitzgerald, Meridian, for respondents, the Walkers. John O. Fitzgerald, II, argued.

Snyder, Matthews & Nelson, Boise, for respondents, the Martin Group. William R. Snyder argued.

SCHROEDER, Justice.

This appeal involves a claim for a prescriptive easement. The district court granted summary judgment in favor of certain lot owners in the Wilderness Ranch Subdivision after determining that a prescriptive easement existed in their favor over the property of Jay Hollinger and Carol Bradshaw (the Hollingers). The Hollingers appeal, arguing that the district court applied the wrong legal theory in concluding that a prescriptive easement exists....

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