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WALKER v. BOOZER

No. 29065.

95 P.3d 69 (2004)

140 Idaho 451

Jonathan WALKER and Amy Walker, husband and wife, Byron Meng and Glea Meng, husband and wife, Max Meng, Ronald Hutchings, Brent Meng, Guy Meng and Daryl Meng, husband and wife, Anita Jenne, Gary Park and Cheryl Park, husband and wife, Paul Drake and Luella Drake, husband and wife, Plaintiffs-Respondents, v. Ken BOOZER and Lisa Boozer, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, May 2004 Term.

July 13, 2004.

Attorney(s) appearing for the Case

Franklin N. Smith Jr., Pike & Smith, PA, Idaho Falls, for appellants. Franklin N. Smith Jr. argued.

Scott R. Hall, Anderson, Nelson, Hall, Smith, Idaho Falls, for respondents. Scott R. Hall argued.

KIDWELL, Justice.

This is an appeal from a judgment defining and fixing the width of an easement that allows ingress and egress across the servient estate. The judgment of the district court is affirmed in part and reversed in part.

I.

FACTUAL AND PROCEDURAL BACKGROUND

During the 1960's, the road in question, Ruud Road, was an unimproved mountain road consisting of two tire tracks. Over the years, Ruud Road was improved. By the mid-eighties...

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