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ANDERSON v. LARSEN

No. 26221.

34 P.3d 1085 (2001)

136 Idaho 402

Robert J. ANDERSON and Pauline Anderson, husband and wife, Plaintiffs-Appellants, v. Steven B. LARSEN and Dixie Larsen, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Pocatello, September 2001 Term.

October 24, 2001.

Attorney(s) appearing for the Case

Meyers, Thomsen & Larson, PLLP, Soda Springs, for appellants. Bruce A. Larson argued.

Racine, Olson, Nye, Budge & Bailey, Pocatello, for respondents. Randall C. Budge argued.

WALTERS, Justice.

This case involves a claim to an easement by prescription. Robert and Pauline Anderson commenced an action against Steven and Dixie Larsen to establish a prescriptive easement across the Larsens' property. The district court, following a bench trial without a jury, found that the Andersons had failed to prove a continuous and uninterrupted use of the alleged easement for the requisite five-year period prior to filing the action. As a result, the...

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