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CARNEY v. HEINSON

No. 24362.

985 P.2d 1137 (1999)

133 Idaho 275

Mert and Carol CARNEY, husband and wife, Plaintiffs-Appellants, v. Darrin and Wendy HEINSON, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 1999 Term.

August 27, 1999.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Budge & Bailey, Pocatello, for appellants. John A. Bailey, Jr. argued.

Ronald J. Jarman, Pocatello, for respondents. Ronald J. Jarman argued.

TROUT, Chief Justice.

This is an appeal from an order by the district judge denying the appellants, Mert and Carol Carney (the Carneys), an injunction against the construction of a garage by the respondents, Darrin and Wendy Heinson (the Heinsons). The judge also denied the Carneys' later request in their motion for reconsideration that the garage be moved.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In July, 1975, Robert and Phyllis Smuts (the...

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