STAFFORD v. WEAVER

No. 26117.

31 P.3d 245 (2001)

136 Idaho 223

Frank STAFFORD, Sr., an individual, Plaintiff-Counterdefendant-Appellant, v. Max WEAVER, an individual, Defendant-Counterclaimant-Cross Defendant-Respondent, and Dorothy Bright, a widow, Owyhee Village, Inc., and Idaho corporation and John Does I Through X, and the heirs and/or assigns of said parties claiming any right, title, estate, lien or interest in the following real property in Canyon County, State of Idaho; (see property description in file), Defendants-Cross Defendants, and Canyon Highway District No. 4, Defendant-Cross Claimant-Counterclaimant.

Supreme Court of Idaho. Boise, February 2001 Term.

Rehearing Denied August 10, 2001.


Attorney(s) appearing for the Case

Lawrence G. Sirhall, Jr., Boise, for appellant.

Uranga & Uranga, Boise, for respondent. Louis L. Uranga argued.


TROUT, Chief Justice.

This is an appeal from an order granting the defendant-respondent Max Weaver's ("Weaver") motion for summary judgment.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 1994, Frank Stafford, Sr. ("Stafford") purchased a roughly triangular-shaped piece of property located in Canyon County. The property is bounded on the north by Laster Lane, owned by Canyon County; on the east by an approximately four hundred foot long private...

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