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UTTER v. GIBBINS

No. 26729.

48 P.3d 1250 (2002)

137 Idaho 361

Clifford UTTER and Donna Utter, Plaintiffs-Respondents, v. Thomas A. GIBBINS, Jr. and Ingrid Elena Gibbins, Defendants-Appellants.

Supreme Court of Idaho, Boise, April 2002 Term.

June 6, 2002.

Attorney(s) appearing for the Case

James H. Paulsen, Sandpoint, for appellants. No oral argument was presented.

Holmes Law Office, P.A., Coeur d'Alene, for respondents. Edwin B. Holmes argued.

WALTERS, Justice.

This is an appeal from the district court's partial grant of Clifford and Donna Utter's motion for summary judgment in an action to quiet title to real property. The appellants Thomas and Ingrid Gibbins assert that the district court erred by quieting title in the Utters and by enjoining the Gibbinses from trespassing by diverting water onto the Utters' property. We affirm the partial summary judgment.

FACTS AND PROCEDURAL BACKGROUND

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