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FARRELL v. BOARD OF COM'RS, LEMHI COUNTY

No. 27546.

64 P.3d 304 (2002)

138 Idaho 378

Patrick J. FARRELL, Jr. and Kathleen D. Farrell, husband and wife, Plaintiffs-Respondents, v. BOARD OF COMMISSIONERS OF LEMHI COUNTY, Idaho, governing body of a political subdivision of the State of Idaho; Fraser M. Madill; James B. Madill; Elizabeth Susan Madill Jones; Mary Anne Madill; Margaret J. Madill; Patrick Madill; Paula Mentzer; Mary M. Madill, Defendants-Appellants, and Wayne England and Margaret England, husband and wife, Thomas B. Riley and Lee Anne Hutcheson Riley, husband and wife; Thomas Eugene Black; Frederick C. Lyon; Jeanne James; Donald E. Boyle, and John Does 1-10 and Entities A-Z being unknown persons or entities claiming an interest in real property owned by Plaintiff in Lemhi County, Defendants, and Friends of Indian Creek Road, Intervenor Defendant-Appellant.

Supreme Court of Idaho, Pocatello, 2002 Term of Court.

Rehearing Denied March 3, 2003.

Attorney(s) appearing for the Case

Givens Pursley, LLC, Boise, for appellant. Christopher H. Meyer argued.

Millemann, Pittenger, McMahan & Pemberton LLP, McCall, for respondent. Steven J. Millemann argued.

SCHROEDER, Justice.

This is a quiet title action in which a ranch owner seeks to quiet title to a portion of Indian Creek Road in Lemhi County. On cross-motions for summary judgment the district court granted the ranch owner's motion.

I.

FACTUAL BACKGROUND

This action was brought by James Bower, who owned the Indian Creek Guest Ranch (Guest Ranch). However, he sold the Guest Ranch to Patrick J. Farrell, Jr. and Kathleen D. Farrell who have...

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