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DREW v. SORENSEN

No. 99, 24631.

989 P.2d 276 (1999)

133 Idaho 534

Charles B. DREW, Plaintiff-Respondent-Cross Appellant, v. Rick A. SORENSEN, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Idaho Falls, May 1999 Term.

Rehearing Denied December 2, 1999.

Attorney(s) appearing for the Case

Luboviski, Wygle, Fallowfield & Williamson, Ketchum, for appellant. Ned C. Williamson argued.

Jordan P. Smith, Salmon, for respondent.

SILAK, Justice.

This is an appeal from an order granting summary judgment against appellant Rick A. Sorensen.

I.

FACTS AND PROCEDURAL BACKGROUND

A. Facts

Rick A. Sorensen (Sorensen) owns Lot 2 of the Ajax Peak Subdivision in Lemhi County. Respondent Charles B. Drew (Drew) owns the adjacent parcel designated as Lot 3. Sorensen's deed to Lot 2 states that he is entitled to "a 50 foot easement and right of way for ingress and egress...

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