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ROARK v. BENTLEY

No. 29256.

86 P.3d 507 (2004)

139 Idaho 793

Raymond L. ROARK, individually, Plaintiff-Respondent-Cross Appellant, v. Dale BENTLEY and Terry Lynn Bentley, husband and wife, and any and all unknown owners, or unknown heirs or unknown devisees of any deceased person claiming any interest in the property which is the subject of this action, referred to for convenience by the fictitious names or designations of Does I through XX, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Boise, December 2003 Term.

February 27, 2004.

Attorney(s) appearing for the Case

Brauner & Nelson, Caldwell, for appellants. Gilbert L. Nelson argued.

Hamilton, Michaelson & Hilty, Nampa, for respondent. Mark R. Hilty argued.

TROUT, Chief Justice.

I.

FACTUAL AND PROCEDURAL BACKGROUND

This case involves a boundary dispute between adjoining property owners: Dale and Terry Bentley (Bentleys) who acquired their property in Ada County, Idaho in 1996, (Bentley Farm) and Raymond Roark, who purchased property which lies directly to the north of the Bentley Farm, on February 28, 1973 (Roark property).

In 1967, John Bentley, Dale Bentley's predecessor in interest, improved...

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