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NAMPA & MERIDIAN IRR. DIST. v. MUSSELL

No. 28713.

72 P.3d 868 (2003)

139 Idaho 28

NAMPA & MERIDIAN IRRIGATION DISTRICT, Plaintiff-Respondent-Cross Appellant, v. Tim J. MUSSELL and Carol M. Mussell, dba Victory Greens Nursery, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Boise, April 2003 Term.

June 18, 2003.

Attorney(s) appearing for the Case

Howard Lopez & Kelly PLLC, Boise, for appellants. John P. Howard and Randall C. Probasco argued.

Ringert, Clark Chtd., Boise, for respondent. Daniel V. Steenson argued.

EISMANN, Justice.

This is an appeal from a judgment awarding damages resulting from the interference with an easement. We affirm the judgment as modified and remand this case for further modification of the amount to award as damages.

I. FACTS AND PROCEDURAL HISTORY

The plaintiff Nampa & Meridian Irrigation District (District) is a duly organized irrigation district under Idaho law. It has an extensive system of canals, laterals, and sub-laterals...

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