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BROWN v. MILLER

No. 29390.

95 P.3d 57 (2004)

140 Idaho 439

Don and Luaina BROWN, Plaintiffs-Respondents-Cross Appellants, v. Marvin G. and Lynette MILLER, and Josh and Nicole Robson, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Boise, April 2004 Term.

July 8, 2004.

Attorney(s) appearing for the Case

Dunn & Clark Law Office, Rigby, for Appellants. Robin D. Dunn argued.

Just Law Offices and Manwaring Law Office, Idaho Falls, for Respondents. Kipp L. Manwaring argued.

TROUT, Chief Justice.

Appellants Josh and Nicole Robson (the Robsons) and Marvin and Lynette Miller (the Millers) appeal from the district judge's determination that there is an easement by necessity and by prescription crossing over their respective properties, providing access to property owned by Don and Luaina Brown (the Browns). This Court affirms the trial court's decision on easement by necessity, but remands the case for further proceedings.

I.

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