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LOVITT v. ROBIDEAUX

No. 28191.

78 P.3d 389 (2003)

139 Idaho 322

Robert L. LOVITT and Judy Lovitt, husband and wife, Plaintiffs-Appellants-Cross Respondents, v. Robert W. ROBIDEAUX, Karen B. Robideaux, husband and wife; Robert Robideaux, Cherie Robideaux, husband and wife; and Brian Claypool, Shaani Claypool, husband and wife, Defendants-Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, April 2003 Term.

September 29, 2003.

Attorney(s) appearing for the Case

Harvey Richman, Coeur d'Alene, for appellants.

Lukins & Annis, Coeur d'Alene, for respondents. Edward W. Kok argued.

KIDWELL, Justice.

The Lovitts appeal, and the Robideauxs cross appeal, from the district court's conclusion that it could not determine the littoral rights of either party and that the Robideauxs may not limit the nature and scope of a prescriptive easement by means of a locked gate. The judgment of the district court is affirmed.

I.

FACTS AND PROCEDURAL BACKGROUND

Robert and Judy Lovitt (Lovitts) own Lot 111 of the Hayden Lake Cottage...

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