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HARWOOD v. TALBERT

No. 25210.

39 P.3d 612 (2001)

136 Idaho 672

Allan HARWOOD, Plaintiff-Respondent, v. Katuscha TALBERT, a/k/a Katuscha Lane, a/k/a Katja Lane, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, October 2001 Term.

December 28, 2001.

Attorney(s) appearing for the Case

Mitchell Law Office, Coeur d'Alene, for appellant. John T. Mitchell argued.

Stephen M. Ayers, Coeur d'Alene, argued for respondent.

OPINION ON REHEARING

The Court's prior opinion dated December 20, 2000, is hereby withdrawn

WALTERS, Justice.

This case arose from a property dispute between two adjacent landowners regarding the use of a road, located on one owner's property, to access a portion of the other owner's property. The district court granted partial summary judgment in favor of the claimant, Allen Harwood ("Harwood"), determining...

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