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JOHN W. BROWN PROPERTIES v. BLAINE COUNTY

No. 27647.

59 P.3d 976 (2002)

138 Idaho 171

The JOHN W. BROWN PROPERTIES, Plaintiff-Appellant, v. BLAINE COUNTY, State of Idaho, a body politic and political subdivision of the State of Idaho, acting through its duly elected Board of Commissioners now serving: A.W. (William) and Maxine Molyneux, husband and wife; The Molyneux brothers Partnership; Ruth Schoessler, a widow; and Lakeside Industries, Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, November 2002 Term.

November 26, 2002.

Attorney(s) appearing for the Case

James Annest, Burley, argued for appellant.

Douglas A. Werth, Ketchum, argued for respondent Blaine County.

Hogue & Dunlap, L.L.P., Hailey, for respondents Molyneuxs and Molyneux Brothers. Terry G. Hogue argued.

Rolig & Peterson, Twin Falls, for respondent Schoessler. Steven D. Peterson argued.

May & May Law Offices, Twin Falls, for respondent Lakeside Industries. Jay D. Sudweeks appeared.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED FEBRUARY 25, 2002, IS HEREBY WITHDRAWN.

ON REHEARING

WALTERS, Justice.

John Brown Properties appeals from the summary judgment holding that Grove Road leading to its property known as Grove Ranch was abandoned through lack of public use and maintenance at the public expense for more than five years. Because we find in the record no evidence of any use or maintenance of the road between...

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